← Library
High Court Of ChhattisgarhMCRC/6337/2015rejected

Bhupendra Kumar v. State Of Chhattisgarh

2015-11-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6337 of 2015 Bhupendra Kumar S/o. Lekhram Jatav, aged about 32 years, R/o. Village Bechhala, P.S. Incholi, Civil and Rev. Distt. Merath, Uttar (U.P.) --------Applicant

Versus

State Of Chhattisgarh Through S.H.O. P.O. G.R. P. Distt. Raipur Chhattisgarh --------Respondent For Applicant :- Shri Awadh Tripathi, Advocate For Respondent/ State :- Shri Anil S. Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 26/11/2015 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. 113/2015 registered at Police Station- GRP Raipur, District Raipur (C.G.) for the offence punishable under Section 20 of N.D.P.S. Act.

2.

As per the prosecution a raid being made on 08.07.2015 at about 7.55 PM, the present applicant was found to be in possession of 24 KG Ganja which he was kept in his possession and he was arrested. 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 recovered from the Railway Plat Form and not from the possession of the applicant and he is in jail since 08.07.2015, 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 that the quantity of seized contraband (Ganja) of 24 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