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High Court Of ChhattisgarhMCRC/1817/2017dismissed

Dilip Vaishnav And ANR. v. State Of Chhattisgarh

2017-05-15Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1817 of 2017 • Dilip Vaishnav S/o Priyadas Vaishnav, Aged About 27 Years R/o Ranvirpur, Police Station Sahaspur, Lohara, (S.Lohara), DistrictKabirdham, Chhattisgarh. • Ramadin Dhurve S/o Ramjhul Gond, Aged About 40 Years R/o Rajpur, Police Station- Sahas Pur Lohara, (S.Lohara), DistrictKabirdham, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through: Police Station Sahaspur, Hohara, (S.Lohara), District- Kabirdham, Chhattisgarh. ---- Respondent For Applicant : Shri Arvind Sinha, Advocate For Respondent/State : Shri UKS Chandel, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 15.5.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.28/2017 registered in Police Station Sahaspur Lohara, Distt. Kabirdham for the offence punishable under Section 20b(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act 1985). 3.

Learned counsel for the applicants submits that the applicants have been arrested on 28.01.2017, after investigation charge sheet has been filed which is pending before Special Judge under the Act, 1985. From both the applicants 3-3 kg ganja

has been recovered which was kept in a car of applicant No.1 bearing registration No.CG 09 JO 0701. The applicants are the first offenders, they have been falsely implicated in the crime. Hence, they may be granted bail.

4.

Per contra, learned counsel for the State opposes the bail application filed on behalf of the applicants. 5.

Perused the entire material.

6.

On due consideration of the quantity of ganja recovered from each applicants, and also considering the other facts, I am not inclined to grant bail to the applicants. 7.

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

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini