Gavaskargiri Goswami v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7484 of 2017 • Gavaskargiri Goswami S/o Shri Khushgiri Goswami, Aged About 26 Years R/o Village Patharra, Police Station Kota, District Bilaspur, Chhattisgarh., Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Incharge, Police Station Kota, Bilaspur, District Bilaspur, Chhattisgarh., Chhattisgarh ---- Non-applicant For Applicant - Mr. A.R.K. Rao, Advocate.

For Non-applicant/State - Ms. Smita Ghai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-01-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for regular bail. The applicant has been arrested on 05-10-2017 in connection with Crime No.283/2017 registered at P.S. Kota, Bilaspur, District Bilaspur, Chhattisgarh for the offence under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. No case is made out against him on the basis of material of the prosecution case. The applicant is in jail since 05-10-2017. He is ready to abide by all the conditions imposed on grant of bail. Hence, it is prayed that the applicant may be released on bail till trial.

3.

Learned counsel for the State/non-applicant opposes the application and submission made.

-24.

Heard learned counsel for the parties and perused the case diary. 5.

On search made by police personnel of Police Station Kota, District Bilaspur, 4 kg. ganja was seized from the possession of the applicant, on the basis of which the case has been registered against him.

6.

Considered on the submissions made and contents of the case diary.

7.

The applicant is local resident and the case is already before the trial Court, trial of the case is likely to take some time, hence for these reasons, the application filed by the applicant for grant of regular bail deserves to be allowed.

8.

Consequently, the application (MCRC No.7484/2017) filed under Section 439 of the Cr.P.C. by the applicant is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil