High Court Of ChhattisgarhMCRC/4319/2019allowed

Laxmi Shriwas v. State Of Chhattisgarh

2019-08-20Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4319 of 2019 • Laxmi Shriwas, S/o Shankarlal Shriwas, Aged About 21 Years R/o Village Thakur, Police Station Sarangarh, District Raigarh Chhattisgarh Taluk Raigarh Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Dongripali, District Raigarh Chhattisgarh Taluka-Sarangarh, District-Raigarh Chhattisgarh. ---- Respondent For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For State/respondent : Mr. Shrikant Kushwaha, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 20/08/2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.16/2019 registered at Police-Station-Dongripali, District-Raigarh(C.G.) for the offence punishable under Section 20(B) of N.D.P.S. Act.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. He is in jail since 27.4.2019. The applicant is ready to abide by all the conditions imposed upon him for grant of regular bail, hence, it is prayed that applicant may be granted regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. Police personnel of P.S.-Dongripali, District-Raigarh made a seizure of 5.5 kg ganja the narcotic substance, from the possession of this applicant while he was transporting the same in the motorcycle. Hence, this case.

6. Considering that the charge-sheet has been filed and the case is now pending before the trial Court. Applicant is local resident of this State and his availability before the trial Court shall not be compromised if he is enlarged on regular bail, for this reason, I am of this view that this is a fit case where applicant should be enlarged on regular bail.

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

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha