Narayan Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5772 of 2016 Narayan Yadav, S/o. Pito Yadav Aged, About 30 Years, By Caste - Mahkul, R/o Kadro (Fittingpara), Thana - Bagbahar, Distt. Jashpur Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through, Station House Officer, Police Station - Bagbahar, Distt. Jashpur Chhattisgarh ---- Respondent For Applicant :- Mr. Wasim Miyan, Advocate For Respondent/ State :- Mr. Neeraj Sharma, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/09/2016 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 43/2016 registered at Police Station- Bagbahar, District Jashpur (C.G.) for the offence punishable under Sections 20(B) of N.D.P.S. Act. 2.

The first bail application of the applicant was dismissed on merit on 29.06.2016 in M.Cr.C. No. 3187 of 2016.

3.

As per prosecution case, on 22.3.2016 at about 18.30 pm on information being received that the applicant is in possession of cannabis weighing 5 Kg and 200 grams for the purpose of selling, a raid was made and the aforesaid cannabis were recovered from the possession of the applicant.

4.

Counsel for the applicant submits that in this case seizure witnesses have been examined, therefore, the petition may be heard.

5.

Per contra, learned State counsel opposes the prayer for grant of bail.

6.

Considering the facts and circumstances of the case, the I.O. is still to be examined, I do not find any change of circumstances in this case, therefore, I am not inclined to release the applicant on bail. 7.

Accordingly, the application for grant of bail is rejected. Sd/- (Goutam Bhaduri) Judge Santosh