High Court Of ChhattisgarhMCRC/5840/2019allowed

Suresh Patel v. State Of Chhattisgarh

2019-11-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5840 of 2019 • Suresh Patel S/o Khemram Patel Aged About 25 Years R/o Semarchua, Police Station Jarhagaon, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Jarhgaon, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ---- Respondent For Applicant :

Mr. Sushobhit Singh, Adv.

For Respondent/State :

Ms. Akshra Amit, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 98/2018 registered at Police Station Jarhagaon, DistrictMungeli (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs Psychotropic Substance Act.

2. The prosecution story, in brief is that, police personnel searched and seized 32 kg Cannabis (Ganja) from the possession of present applicant in his motor cycle. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the said Cannabis (Ganja) had seized from the other co-accused person. The applicant

is in jail since 04.07.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the said Cannabis (Ganja) had seized from the other co-accused and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L.Sahu