Bhuvan Yadav v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.7471 of 2018 Bhuvan Yadav, age about 28 years, S/o Shri Ramlal Yadav, R/o Railway Colony, Shankar Mandir Ward No.-08, P.S. Tahsil and Dist.-Mahasamund (CG) ---Applicant

Versus

The State of Chhattisgarh, Through P.S.-Mandir Hasaud, Raipur (CG) ---Non-Applicant For Applicant :

Mr.Jitendra Shukla, Advocate For Non-Applicant :

Mr.Adi Raj Surana, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 31/10/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.214/2018, registered at Police Station-Mandir Hasaud, Raipur, District-Raipur (CG), for the offence punishable under Section 20(B) of the NDPS Act. 2.

Case of the prosecution, in brief, is that 3 kg. ganja was found in possession of the present applicant.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the applicant is in jail since 9.7.2018, charge-sheet has already been filed and no useful purpose will be served by detaining him in jail. 4.

On the other hand, learned counsel for the State would oppose

the bail application.

5.

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

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant, material collected against the applicant and his pre-trial detention, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- 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 B/-