Monu Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 6662 of 2017 (Arising out of Crime No. 83 of 2017 registered at Police Station Tapkara Distt. Jashpur (C.G) for the Offence Punishable u/s 30(B) of the NDPS Act, 1985) ...

• Monu Kumar S/o Munna Lal Aged About 27 Years R/o Khoja Aashik ( Kirayya ) Bhelupur Varanashi ( Uttar Pradesh ) Police Station Bhelupur Varanashi ( Uttar Pradesh ) --- Petitioner

Versus

• State of Chhattisgarh through the Police Station Tapkara, District Jashpur Chhattisgarh. ---- Respondent 05.12.2017 Dr. Shiv Kumar, , counsel for the applicant.

Mr. Suryakant Mishra, P.L. for the State.

This is first bail application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant. As per the prosecution case, certain information was received on 17.09.2017 by the police that the offending vehicle bearing Regn.No.UP 65 FT/3258 is transporting cannabis and thereafter the said vehicle was intercepted and on search was being made, 85 Kgs., of Ganja was found and it was recovered from the said Car. Learned counsel for the applicant submits that the applicant is merely owner of the Car and he has given the said vehicle on rent to the other accused, therefore, the applicant was not involved in the crime. He further submits that the applicant is in jail since 31.05.2017, therefore, he may be enlarged on bail.

Per contra, learned State Counsel opposes the bail application.

Perused the case diary documents. It appears that the applicant was also one of the inmates of the Car, therefore, at this stage, taking into consideration the quantity of Ganja so recovered, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o