High Court Of ChhattisgarhMCRC/7503/2016allowed

Amin Khan v. State Of Chhattisgarh

2016-11-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7503 of 2016 • Amin Khan S/o Shri Garib Ali Khan Aged About 32 Years R/o Village & Post Kosamkhuta Thana Fingeshwar, Revenue District Gariyaband, Civil District Raipur, Chhattisgarh. --- Applicant.

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Fingeshwar, District Gariyaband, Chhattisgarh. --- Respondent For the applicant :

Mr. Sunil Sahu, Advocate For the Respondent :

Mr. Wasim Miyan, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.11.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 103/2016 registered at P.S. Fingeshwar Distt. Gariyaband (C.G) for the offence punishable under Section 20-B of the Narcotic Drug and Psychotropic Substances Act.

2. As per the prosecution case, on 30.08.2016 an information was received that the applicant was carrying contraband cannabis and thereafter when a raid was conducted, from the possession of the applicant 2500 grams of ganja was recovered.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and no seizure was made in person from the present applicant. He further submits that the charge sheet has been filed; no further investigation is necessary and the applicant is in jail since 30.08.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary.

6. Considering the facts and circumstances of the case and further looking to the quantity of Ganja which is said to be recovered from the applicant as also the fact that the charge sheet in this case has been filed and no further investigation is necessary, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court till disposal of the trial.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o