Laxmi Prasad Pandey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4769 of 2019 • Laxmi Prasad Pandey S/o Ganga Prasad Pandey Aged About 55 Years R/o Choorbhatti, Police Station - Sakri, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sakri, District Bilaspur Chhattisgarh., ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Amit Singh, Advocate For Respondent/State : Shri Anil Tripathi, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 13.8.2019 1.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.207/2019, registered at Police Station Sakri, District Bilaspur(CG) for the offence punishable under Sections 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985.

2.

As per the case of prosecution, on receiving secret information search was made and 1 kg 730 gm of contraband (Ganja) was seized from the possession of the applicant.

3.

Learned counsel for the applicant submits that the contraband seized from the applicant is less than commercial quantity and the applicant is in jail since 04.7.2019. He submits that no case is made out against the applicant on the basis of material placed before the court by the prosecution, therefore, the applicant may be released on bail.

4.

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

5.

Heard learned counsel for the parties.

6.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicant, I am of the opinion that present is a fit case to release the applicant on bail.

7.

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

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

9.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita