Bablu @ Yamraj Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.7689 of 2021 Bablu @ Yamraj Sahu, S/o Late Santram Sahu, aged about 30 years, R/o Near F.C.I. Godown, Chhatamura Naka, Out Post Jutemill, PS City Kotwali, Tahsil and District Raigarh (C.G.) (In Jail) ---- Applicant

Versus

State of Chhattisgarh, Through S.H.O. of the PS Flying Scott, Excise Circle Raigarh, District Raigarh (C.G.) ---- Non-applicant ------------------------------------------------------------------------------------------------------ For Applicant:

Mr. Abhishek Saraf, Advocate.

For Non-applicant:

Mr. Ravi Kumar Bhagat, Deputy Govt. Advocate. ------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21/12/2021

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.79/2021, registered at Police Station Flying Squad, Excise Circle Raigarh, District Raigarh, for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief, is that 3 Kgs. of Ganja was recovered from the possession of the present applicant and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in jail since 21-9-2021, charge-sheet has been filed and no custodial interrogation of the applicant is required. He further

submits that the quantity seized is more than small quantity, but less than commercial quantity, therefore, it is a fit case for grant of bail to the applicant.

4. On the other hand, learned State counsel opposes the application and submits that the applicant is not entitled for bail.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pretrial detention of the applicant, chargesheet has been filed, no custodial interrogation of the applicant is required, the quantity of contraband article Ganja seized is more than small quantity and less than commercial quantity, and the applicant is in custody for more than three months, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma