Lakheshwar Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4596 of 2019 • Lakheshwar Das S/o Giriwar Das, aged about 40 years, R/o village Hindadeeh, Post Gudi, Tehsil & Thana : Seepat, District Bilaspur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Station House OfÏcer, Police Station, Sarkanda, District Bilaspur (C.G.) ---- Respondent For Applicant :

Ms. Laxmin Kashyap, Advocate.

For Respondent :

Shri Wasim Miyan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board /08/2019 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 04.07.2019 in connection with Crime No.607/2019 registered at Police Station, Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 20(B) of Narcotic Drug and Psychotropic Substances Act, 1985 (for short 'the Act').

2.

The prosecution case, in brief, is that on 04.07.2019, acting on a tip-off, the police seized 1 kg cannabis from the possession of the applicant. Based on this, FIR was lodged and offence was registered against the applicant under Section 20(B) of the Act.

3.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. It

has been also submitted that only 1 kg contraband article Ganja is alleged to have been seized from the possession of the applicant, which is much less than that of the commercial quantity. He also submits that he applicant is in jail since 04.07.2019 and there is no likelihood of his case being decided in near feature. Therefore, he may be granted bail.

4.

On the other hand, learned State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Having heard learned counsel for the parties and having regard to the fact that only 1 kg cannabis has been seized, the applicant is languishing in jail from 04.07.2019 and that the final disposal of the case will take some time, this Court is of the opinion that it is a fit case to release the applicant on bail.

7.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed.

Sd/- (Rajani Dubey) Judge Vijay