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High Court Of ChhattisgarhMCRC/6544/2016allowed

Ghanshyam Dhruv And ANR. v. State Of Chhattisgarh

2016-10-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6544 of 2016

1. Ghanshyam Dhruv S/o Late Benu Ram Dhruv Aged About 30 Years,

2. Dinesh Diwan S/o Krishna Kumar Diwan, Aged About 22 Years, Both R/o Village Pond, Police Station Panduka, Tahsil & District Gariyaband Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Police Station Chhura, District Gariyaband Chhattisgarh ---- Respondent For applicants - Shri C.R. Sahu, Advocate.

For Respondent/State - Shri U.K.S. Chandel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 24/10/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.44/2016 registered in Police Station Chhura, Distt. Gariyaband (C.G.) for offence punishable under section 20 (B) of Narcotics Drugs and Pshychotropic Substance Act and Read with Section 34 of IPC 2.

As per the prosecution case, on 26/06/2016 on a information received that the applicants are carrying cannabis, they were intercepted and from the motorcycle 2.600 gms of cannabis were recovered. Thereby, offence has been committed.

3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case and cannabis were not seized in person from the applicants. He submits that seizure has already been made, charge sheet has been filed, no further investigation would be necessary, therefore the applicants may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case, specially taking into fact quantity of cannabis so seized and also for the fact that charge sheet has been filed, without further observation on the merits, 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