Chetan Dadiya v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5202 of 2018 • Chetan Dadiya S/o Late Shri Pati Dadiya Aged About 40 Years R/o Mantriput Village Panchayat Doraduga, Police Station Chitrakonda, District Malkangiri Orissa, District : Malkangiri *, Orissa ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Devendra Nagar District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Syed Imtiyaz Ali, Advocate.

For Respondent :

Mr. Vinod Tekam, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 14/08/2018

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.5/2018 registered at Police Station- Devendra Nagar, District- Raipur(C.G.) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances 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 7.1.2018. No case is made out against him. After completion of investigation, charge-sheet has been filed. 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-Devendra Nagar, District-Raiur, 4 kg ganja the narcotic substance has been recovered and seized from the possession of this applicant. Hence, this case.

6. Considered the entire material present in the case diary, and the case is presently before the trial Court and the trial is likely to take some time before its conclusion, 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