Abhishek John v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5125 of 2018 • Abhishek John S/o Late Pradeep John Aged About 37 Years R/o Ews 538, Vaishali Nagar, Bhilai, O .P Vaishali Nagar Bhilai, District Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Police Station Ghumka, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. H.B. Agrawal, Sr. Advocate along with Ms. Priti Yadav, Advocate.

For Respondent :

Mr. N.K. Mehta, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/08/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.39/2018 registered at Police Station- Ghumka, District- Rajnandgaon(C.G.) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 and Section 130(3)/177,146/196 of Motor Vehicles Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 10.4.2018. No case is made out against him. Hence, it is prayed that

Page No.2 applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. On a search made by the police personnel of PS-Ghumka, DistrictRajnandgaon, 10 kg ganja the narcotic substance has been recovered and seized from the possession of this applicant while he was transporting the same in the scooter. Hence, this case.

6. Considered the entire material present in the case diary, and the case is presently before the trial Court, this applicant is local resident of Dirstrict-Rajnandgaon. For these reasons, I am of this view that this is a fit case where applicant should be released 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 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