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High Court Of ChhattisgarhMCRC/6444/2015dismissed

Vikash Sharma v. State Of Chhattisgarh

2015-11-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6444 of 2015 Vikash Sharma S/o Ghanshyam Prasad Sharma Aged About 19 Years R/o Near Sati Mandir, Bhatapara, Post Office & Police Station Bhatapara, District Balodabazar-Bhatapara Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Kasdol, District Balodabazar-Bhatapara Chhattisgarh. ---- Respondent For Applicant :- Shri Shivendu Pandya, Advocate For Respondent/ State :- Shri O.P. Sahu, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board By 30/11/2015 1.

This is the first 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. 342/2015 registered at Police Station- Kasdol, District - Balodabazar Bhatapara (C.G.) for the offence punishable under Sections 20(B) of N.D.P.S. Act. 2.

As per the prosecution, a raid being made on 08.08.2015, the present applicant was found to be in possession of 5.520 Kg. Ganja which he was kept in his possession and he was arrested on 08.08.2015. 3.

Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the contraband (Ganja) was not seized from the exclusive possesion of the applicant and he is in jail since 08.08.2015, therefore he may be released on bail.

4.

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

5.

Having regard to the fact the quantity of seized contraband (Ganja) of 5.520 Kg. from the possession of the applicant, I am of the opinion that it is not a fit case to release the applicant on bail. 6.

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