High Court Of ChhattisgarhMCRC/7101/2017allowed

Nitai Roy v. State Of Chhattisgarh

2018-01-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7101 of 2017 Nitai Roy S/o Late Jotin Roy Aged About 65 Years R/o P. V. 102 Krishna Nagar Police Station Bande District North Bastar Kanker Chhattisgarh. , Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through the Police Station Bande District North Bastar Kanker Chhattisgarh. , Chhattisgarh --- Respondent For the applicant :

Mr. Pravin Tulsyan, Advocate.

For the Respondent :

Mr. S. R. J. Jaiswal, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .01.2018

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. 50/2017 registered at Police Station Bande District Kanker (C.G) for the offences punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. As per the prosecution case, on 13.08.2017 certain information was received about the transportation of cannabis and on such information, when a raid was conducted by the police, 3.100 Kgs., of cannabis was recovered from the vehicle wherein the applicant was travelling.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that that the charge sheet has been filed, no further investigation is necessary and the application is in jail since 13.08.2017, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he submits that no past antecedents have been reported against the applicant.

5. considering the facts and circumstances of the case especially the fact that no past antecedents have been reported against the applicant as also the fact that the applicant is in jail since 13.08.2017 and further looking into quantity of cannabis, I am inclined to allow this bail application.

6. Accordingly, the bail 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 concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o