High Court Of ChhattisgarhMCRC/6589/2020allowed

Parmanand Ajgale v. State Of Chhattisgarh

2020-12-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 6589 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6589 of 2020 • Parmanand Ajgale S/o Ramlaal Ajgale Aged About 23 Years R/o Village - Khairjhiti, Police Station Chhura, District Gariyaband Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Chhura, District Gariyaband Chhattisgarh. ---- Respondent For Applicant :- Mr. Sanjay Pathak, Advocate For Respondent-State :- Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/12/2020

1. The applicant has preferred this application filed under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with crime No.119/2020 registered in Police Station Chhura Gariyaband C.G. for the offence punishable under Section 20 (b) of the NDPS Act.

2. Case of the prosecution, in brief, is that applicant has been found in illicit possession of 4 kg and 110 gram of cannabis (ganja) during search of his house on 03.09.2020.

3. Learned counsel for the applicant submits that the charge

MCRC No. 6589 of 2020 sheet has already been filed and the trial may take sometime, therefore, considering the quantity of the contraband, he may be released on bail.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering that the applicant is in jail since 03.09.2020 i.e., for more than 03 months and the quantity of contraband is more than small quantity but less than commercial quantity and the charge sheet has already been filed and applicant appears to be the first time offender because the concerned SHO has not reported any previous antecedents of his involvement in similar nature of crime, this Court is inclined to release the applicant on regular bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Judge Ayushi