Vijay Kumar Sahare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5027 of 2018 • Vijay Kumar Sahare S/o Sukhdev Sahare Aged About 22 Years R/o Quarter No. 9 - C, Npa Road, Bapunagar, Khursipar, Bhilai Police Station - Khursipar District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Bhilaibhatti, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. B.P. Singh, Advocate For Respondent :

Mr. Anant Bajpai, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 07/08/2018 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. 37/2018, registered at Police Station- Bhilaibhatti, District - Durg (C.G.) for the offence punishable under Sections 29(B) (ii)(b) of Narcotic Drugs Psychotropic Substances Act.

2.

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in this case. Applicant is in jail since 09.3.2018, no case is made out against him. Hence it is prayed that

applicant be granted regular bail.

3.

Learned State counsel opposes the application on this ground that numerous criminal cases registered against this applicant. 4.

I have heard the learned counsel for the parties and perused the case diary and the documents placed on record.

5.

On the date of incident on 9.3.2018 on a search made by the police personnel of PS-Bhilaibhatti, District-Durg, applicant was found in possession of 4 kg ganja the narcotic substance, which was seized and case was registered against this applicant. Hence, this case. 6.

Considered on the entire material present in the case diary, applicant is local resident of District-Durg and the trial against him is likely to take some time before its conclusion. For these reasons, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on 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