Mahesh Patel And ANR. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6121 of 2016
1. Mahesh Patel S/o Kartik Ram Patel, Aged About 30 Years R/o Village Jarkachar, Police Station Saraipali, District Mahasamund, Chhattisgarh.
2. Nandlal Sarthi S/o Kariya Ram Sarthi Aged About 45 Years R/o. Village - Khavani Chote, Police Station Sarangarh, District Raigarh Chhattisgarh ---- Applicants
Versus
State Of Chhattisgarh Through : Police Station City Kotwali, District Raigarh, Chhattisgarh.
---- Respondent For applicants - Shri Manoj Paranjpe, Advocate. For Respondent/State - Ms. Sunita Jain, PL.
Hon'ble Shri Justice Goutam Bhaduri Order 25/10/2016 1.
The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.457/2016 registered in Police Station City Kotwali, District Raigarh (C.G.) for offence punishable under section 20 (b) of the N.D.P.S. Act.
2.
As per the prosecution case, on raid being conducted on 3/08/2016 from the possession of the two applicants 2 kg of cannabis were recovered. Thereby, offence is committed.
3.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the case, cannabis were not recovered in person from the applicants and charge sheet has been filed, no further investigation would be necessary. He submits that quantity of cannabis is 2 kg to each applicant which is less than commercial quantity, therefore the applicants may be released on bail.
4.
Learned State counsel opposes the prayer for grant of bail.
5.
Perused the case diary and the documents. Specially taking into quantity of cannabis so seized, charge sheet has been filed, no further investigation would be necessary, this court is inclined to release the applicants on bail.
6.
Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.
Sd/- (Goutam Bhaduri) JUDGE gouri