Jagdish Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4257 of 2019 • Jagdish Sahu, S/o Narayan Sahu, Aged About 52 Years, R/o Kundrapara, Tifra, Police Station- Sirgitti, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh, Through Aarakshi Kendra- Sirgitti, District : Bilaspur, Chhattisgarh ---- Respondent For Applicants : Shri Ajay Kumrani, Adv. on behalf of Shri Nitansh Kumar Jaiswal, Advocate.

For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 02/08/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No. 205/2019, registered at Police Station Sirgitti, District-Bilaspur (C.G.) for the offence punishable under Section 20 B of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. As per prosecution story on 20.06.2019, on the basis of information received from the informant, that one person has kept illegal contraband Ganja. On the said information, Police parties searched the present applicant and on being searched, the applicant was found in possession of two kilograms of

contraband Ganja. Offence has been registered and the applicant was arrested on 20.06.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case. He further submits that there is no previous history of the applicant and charge-sheet has not been filed yet and trial will likely to take some time, therefore, he may released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties and perused the case diary.

6. Considering the above facts and circumstances of the case, particularly considering the fact that charge-sheet has not been filed, the applicant is in custody since 20.06.2019 and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release her on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on 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. Thereafter, he will appear before the Trial Court on each and every date given by the said Court.

Sd/- (Rajani Dubey) Judge yasmin