Fulchand Nirala v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4285 of 2019 • Fulchand Nirala S/o Salikram Nirala, (wrongly mentioned as Niral), Aged About 47 Years, R/o Tilda, Chowki Lavan, Police Station Kasdol, District Baloda Bazar-Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Gidhouri Tundra, District Baloda Bazar-Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ----Non-applicant For Applicant - Smt. Sunita Sahu, Advocate. For Non-applicant/State - Shri Aditya Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07-08-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 18-04-2018 in connection with Crime No.97/2019 registered at P.S. - Gidhouri, District Baloda Bazar-Bhatapara, Chhattisgarh for the offence under Section 20(B) of Narcotic Durgs and Psychotropic Substances Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 18-04-2019. No case is made out against the applicant. The applicant is local resident of District Baloda Bazar-Bhatapara and is ready to abide by all the conditions imposed for grant of bail. Therefore, it is prayed that the application may be allowed.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary.

-25.

4.150 kg. Ganja was seized from the possession of this applicant by police personnel of P.S. Gidhouri Tundra, District Baloda Bazar-Bhatapara. Hence, this case.

6.

For the reason that charge sheet has been filed and the case is pending for trial and also especially that the applicant is local resident of this State, I feel inclined to allow this application.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil