High Court Of ChhattisgarhMCRC/5990/2016allowed

Abdul Ashraf @ Raju v. State Of Chhattisgarh

2016-10-03Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5990 of 2016 • Abdul Ashraf @ Raju S/o Ratan Singh Aged About 36 Years R/o Number One, Dafai, North Jhagrakhand, Police Station Jhagrakhand, District Korea, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh through Station House Officer, Police Of Police Station Jhagrakhand, District- Korea, Chhattisgarh. --- Respondent For the applicant :

Mr. Anil Gulati, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 03.10.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 116 of 2016 registered at P.S. Jhagrakhand, Distt. Korea (C.G) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act.

2. As per the prosecution case, on receipt of secret information a raid was conducted on 21.06.2016 and during such raid 1500 grams of Ganja was recovered from the possession of the applicant.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and the cannabis was not recovered in person from the present applicant. It is further submitted that the charge sheet in this case has been filed; no further investigation is necessary and the applicant is in jail since 21.06.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the quantity of Ganja i.e., 1500 grams allegedly recovered from the applicant as also the fact that the charge sheet in this case has been filed and the applicant is in jail since 21.06.2016, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o