Ramu And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 205 of 2017

1. Ramu, S/o. Gangdev Chandrawanshi, Aged About 23 Years.

2. Balram, S/o. Latel Chandrawanshi, Aged About 42 Years. Both are R/o. Village Kanhabhaira, Police Station Pipariya, District Kabirdham, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through The Police Station Pipariya, District Kabirdham, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Raj Kumar Pali, Advocate For Respondent :

Mr. U.K.S.Chandel, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25/01/2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.292/2016 registered at Police Station- Pipariya, District Kabirdham (C.G.) for the offence punishable under Section 20(B) of Narcotics Drugs & Psychotropic Substance Act.

2.

As per the prosecution case, on a raid being conducted on 29.11.2016, on information received by the Police Station Pipariya that the applicants were traveling with contraband Cannabis, from the possession of the applicants 2 Kg Cannabis were recovered. 3.

Learned counsel for the applicants would submit that the applicants have been falsely implicated and the Cannabis were not seized in person of the applicants. He further submits that the

charge sheet has been filed and no further investigation is necessary, therefore, the applicants may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and specially taking into quantity of the Cannabis i.e. 2 Kg which was seized from two persons, I am inclined to release the applicants on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok