Ramesh Kumar Bargah v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8402 of 2016 Ramesh Kumar Bargah, S/o. Bharat Lal Bargah, aged about 32 years, R/o. Ranigaon, Tahsil & Police Station - Ratanpur, District - Bilaspur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through : Police Station - Baloda, District - Janjgir-Champa (C.G.).

---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Rajeev Bharat, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 09.01.2017 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 in connection with Crime No.139/2016 registered at Police Station- Baloda, District - Janjgir-Champa (C.G.) for the offence punishable under Section 20 (B) (II) (c) read with Section 29 of N.D.P.S. Act.

2.

As per the prosecution case, on 13.07.2016 on secrete information received that the applicant was transporting the cannabis, the vehicle was intercepted and on having search made, from the vehicle bearing No.OD-17G-3202, 70 kg. Cannabis was recovered. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and the applicant had only taken the lift on the vehicle and he was not involved in the crime, therefore, the applicant may be released on bail.

4.

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

5.

Perused the case diary and the documents. Perusal of the documents prima-facie shows that from the vehicle wherein the applicant was travelling, 70 kg. Cannabis was recovered. Considering the facts and circumstances of the case and further taking into the quantity of the Cannabis seized, I am not inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram