Manik Khara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5719 of 2018 • Manik Khara S/o Sunadhar Khara, Aged About 38 Years R/oBarengapur Dusuba Lamtaput, Police Station Machkud, DistrictKoraput (Orissa) ---- Petitioner

Versus

• State Of Chhattisgarh Through- Station House OfÏcer, Police Of Police Station Borai, District- Dhamtari, Chhattisgarh ---- Respondent For Applicant Mr. Anil Gulati, Advocate For Respondent /State Mr. Shashank Thakur, Govt. Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 20/8/2018

1. Heard.

2. This is the second 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.4/2018, registered at Police Station Borai, District Dhamtari (CG) for the offence punishable under Section 20(B)(ii)(b) of the Narcotics Drugs and Psychotropic Substance Act.

3. The applicant along with co-accused Arjun Padal and Jairam Jallate were found to possess illicit Ganja weighing about 15 Kgs, out of which, 5 Kgs have been recovered from the present

applicant. The applicant is in jail since 23.1.2018.

4. While dismissing the first bail application, liberty was reserved to move again at an appropriate stage.

5. Considering the length of pre-trial detention of the applicant as also for the reason that there is no reported antecedent of the applicant of having involved in similar nature of offence or in any other heinous offence, I am of the opinion that present is a fit case to release the applicant on regular bail.

6. Accordingly, this repeat bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- with two local sureties of Rs. 50,000/- each to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules.

Sd/- Judge (Prashant Kumar Mishra) Shyna