Dhannu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6190 of 2017 Dhannu, S/o. Suklal Sahu, Aged About 31 Years, R/o. Village Kharra, Post Kusmi, Tahsil & Police Station Berla, District Bemetara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Berla, District Bemetara, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Rajkumar Pali, Advocate For Respondent :

Mr. S.K.Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 27.11.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.249/2017 registered at Police Station- Berla, District Bemetara (C.G.) for the offence punishable under Section 20(B) of N.D.P.S. Act. 2.

As per the prosecution case, on a raid being conducted on 05.09.2017 from the possession of the applicant, 1.258 Kg Cannabis were seized; thereby the offence has been committed. 3.

Learned counsel for the applicant would submit that the Cannabis were not seized from the person of the applicant, the applicant has been falsely implicated, he is in jail since 05.09.2017 and the charge sheet has been filed, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Taking into the quantity of Cannabis seized and the fact that charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 05.09.2017, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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/- (Goutam Bhaduri) Judge Ashok