High Court Of ChhattisgarhMCRC/5150/2019allowed

Heeramani Suryawanshi v. State Of Chhattisgarh

2019-09-04Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5150 of 2019 • Heeramani Suryawanshi, S/o Anand Ram Suryawanshi, Aged About 28 Years, R/o Village Shiv Chauk, Gudi, P. S. Seepat, District-Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Police-Station-Tarbahar, DistrictBilaspur Chhattisgarh. ---- Respondent For Applicant : Mr. Raj Kumar Gupta, Advocate For State/respondent : Mr. Sanjay Pathak, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 04/09/2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.183/2019 registered at Police-Station-Tarbahar, District & Revenue DistrictBilaspur(C.G.) for the offence punishable under Section 20(B) of N.D.P.S. Act.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. He is in jail since 29.5.2019. This applicant has not committed any offence. He is local resident of Bilaspur and ready to abide by all the conditions imposed upon him for grant of regular bail, hence, it is prayed that applicant be

granted regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

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

5. Police personnel of P.S.-Tarbahar, Revenue District-Bilaspur made a seizure of 5 kg ganja the narcotic substance, from the possession of this applicant. Hence, this case.

6. Considering that the charge-sheet has been filed, the case is not pending for trial and this applicant is the local resident of DistrictBilaspur, for these reasons, I am of this view that this is a fit case where applicant should be enlarged on regular bail.

7. Accordingly, this bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha