Suraj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6198 of 2017 • Suraj S/o Late Shiv Kumar Sahu Aged About 31 Years R/o Village Kharra Post Kusmi Tahsil & Police Station Berla District Bemetara Chhattisgarh. ---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer Police Station Berla District Bemetara Chhattisgarh.

---- Respondent For Applicant :

Shri Rajkumar Pali, Advocate For Respondent-State :

Shri S.K. Mishra, PL for the State 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 on 06.09.2017 in connection with Crime No.247/2017 registered at Police Station Berla, District-Bemetara (CG) for the offence punishable under Section 20 (B) of Narcotics Drugs and Psychotropic Substance Act.

2. As per the prosecution case, on a raid being conducted on 06.09.2017 from the possession of applicant 1.695 K.G. cannabis was seized. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that the cannabis was not seized in person from the applicant. He would further submit that the charge-sheet in this case has been filed and the applicant is in jail since 06.09.2017, therefore, the applicant may be released on bail.

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

5. Considering the facts of this case. Considering the same more particularly the quantity of the cannabis so seized and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

6. Accordingly, the 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 trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu