High Court Of ChhattisgarhMCRC/8388/2020allowed

Raju Chakradhari v. State Of Chhattisgarh

2021-03-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8388 of 2020 • Raju Chakradhari S/o Kulendra, Aged About 20 Years R/o Mahora Kolpara, Police Station Patna, District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Of Police Station Patna, District : Koriya (Baikunthpur) Chhattisgarh ---- Respondent For Applicant : Shri Krishna Tandon, Advocate For Respondent/State : Shri Raghavendra Verma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 22/03/2021 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 240/2020 registered at police station Patna, district Koriya (CG) for the offence punishable under Section 20 B of the Narcotics, Durgs and Psychotropic Substances Act. As per prosecution case, on recieving secret information, the police party raided and seized 3 Kgs. of ganja from the possession of the applicant.

Counsel for the applicant submits that the applicant has been falsely implicated in the case and the mandatory provisions of NDPS Act have not been complied with. He further submits that the seized

contraband was less than commercial quantity. He submits that the applicant is in jail since 20.10.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna