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High Court Of ChhattisgarhMCRC/7768/2021allowed

Naresh Mehar v. State Of Chhattisgarh

2021-12-21Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7768 of 2021 • Naresh Mehar S/o Vishwamitra, Aged About 24 Years R/o Baldiyamaal, P.S. Junagarh, District Kalahandi, Odisha ---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O. Mainpur District Gariyabandh Chhattisgarh ---- Respondent For Applicant :

Shri B.P. Singh, Advocate For State :

Shri Ajay Kumrani, Panel Lawyer S.B.:

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21/12/2021 Heard.

1.

The applicant has been arrested in connection with Crime No.33/2021 registered at Police Station - Mainpur, District - Gariyabandh (C.G.) for alleged commission of offences under Section 20 (b) of NDPS Act, 1985. 2.

Case of the prosecution is that from the possession of the applicant, 16 kgs of ganja was recovered.

3.

Learned counsel for the applicant submits that the applicant has not committed any offence, he has been falsely implicated, he is in custody since 01/04/2021, charge sheet has been filed and no useful purpose would be served in further detaining the applicant in jail. It is also submitted that the trial

is likely to take time and the quantity of ganja recovered is more than small quantity but less than commercial quantity. Therefore, the applicant may be granted bail.

4.

Learned State counsel opposes bail application. 5.

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

6.

Taking into consideration the nature and gravity of offence and the quantity of ganja seized is 16 kgs which is more than small quantity but less than commercial quantity and pre-trial detention, this Court is of the opinion that present is a fit case for grant of bail.

7.

Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,60,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed. Sd/- ( Sanjay K. Agrawal ) Judge Deepti