Ghanshyam Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7948 of 2020 • Ghanshyam Patel S/o Anandram Patel Aged About 58 Years R/o Village Kasidih, P.S. Chandrapur, District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Thana In-Charge, Baramkela, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ---- Respondent For Applicant :

Shri Rajendra Tripathi, Advocate For Respondent/State :

Shri Shubham Verma, Panel Lawyer Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/01/2021 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.219/2020 registered at Police Station Baramkela, District Raigarh for the offence punishable under Section 20(B) of the NDPS Act. The applicant was arrested on 18-10-2020.

2.

Prosecution case is that the applicant was found in illegal possession of 1.300 KG of ganja.

3.

Learned counsel for the applicant would argue that the applicant has been falsely implicated under the alleged commission of offence and he has not committed any offence as false witnesses have been prepared. He would further submit that as investigation is complete, charge sheet has been filed and that the applicant is in jail since 18-10-2020 and also looking to the small quantity of ganja allegedly seized, the applicant may be granted bail. 4.

On the other hand, learned counsel for the State/non-applicant opposes the bail application by submitting that in view of seizure of 1.300 KG ganja from the possession of the applicant in presence of witnesses, prima facie case is made out against the applicant.

5.

Taking into consideration the submission of learned counsel for the

parties, particularly taking into consideration the quantity of ganja allegedly seized from the possession of the applicant and the fact that investigation is complete, charge sheet has been filed and that the applicant is in jail since 18-10-2020, the application is allowed.

6.

It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with two local surety of the like amount to the satisfaction of the concerned trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted.

Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Tumane