Kartami Hunga v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6018 of 2018 Kartami Hunga, S/o Kartami Mada, Aged About 41 Years, CastMuriya, R/o- Premnagar, Ward No. 08, Sukama, P.S. Sukama Rev. and Civil District : Sukuma, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through- District Magistrate, Civil And Revenue, District : Sukuma, Chhattisgarh ---- Respondent For Applicant : Shri Dinesh Tiwari, Advocate.

For Respondent/State : Shri S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 19/09/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 39/2017, registered at Police Station Darabha, District-Sukama (C.G.) for the offence punishable under Section 20 (ख) and 2(ग) of the NDPS Act.

2. As per prosecution story on 16.05.2017, on the basis of information received from informant, the present applicant along with other co-accused person has been searched by the police officials and seized total 77.40 contraband article Ganja from their joint possession. Offence has been registered and the applicant has been arrested on 16.05.2017.

3. Learned Counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case. He further submits that there is no previous history of the applicant and charge-sheet has already been filed and trial will likely to take some time, therefore, the applicant may released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties and perused the case diary.

6. Considering the above facts and circumstances of the case, particularly considering the fact that charge-sheet has already been filed, the applicant is in custody since 16.05.2017 and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court.

Sd/- (Arvind Singh Chandel) Judge yasmin