High Court Of ChhattisgarhMCRC/7126/2015allowed

Samir Khan v. State Of Chhattisgarh

2015-12-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7126 of 2015 • Samir Khan S/o Shri Jamil Khan Aged About 44 Years By Caste - Musalman R/o Village & Post - Magarload Thana - Magarload, Tahsil - Kurud, Civil & Revenue District - Dhamtari (Chhattisgarh).

--- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Magarload, District - Dhamtari (Chhattisgarh). --- Respondent For the applicant :

Mr. Sunil Sahu, Advocate For the Respondent :

Mr. Anil S. Pandey, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 21.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 214/2015 (wrongly mentioned as 274/2015 in the order as per the charge sheet) registered at P.S. Magarload, Distt. Dhamtari (C.G) for the offence punishable under Section 20-B of the NDPS Act.

2. Case of prosecution, in brief, is that on secret information received a raid was conducted wherein 2.100 Kgs. Of Kannabis was recovered from the possession of this applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the Cannabis is not found and seized from the possession of the applicant. He further submits that the charge sheet has been filed and the applicant is in jail since 03.10.2015, therefore, he prays for releasing the applicant on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Looking to the quantity of Ganja allegedly seized from the applicant and Taking into fact that the charge sheet in this case has already been filed, I am inclined to release the applicant on regular bail.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . He is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao