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High Court Of ChhattisgarhMCRC/7831/2017allowed

Rajesh Kumar Sonwani v. State Of Chhattisgarh

2018-02-26Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7831 of 2017 • Rajesh Kumar Sonwani S/o Shri Dheersai, Aged About 36 Years, R/o 24-B- Type, Godripara, Tahsil Khadgawa And Police Station Chirmiri District Korea-Baikunthpur Chhattisgarh. , Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Chirmiri, District Korea-Baikunthpur Chhattisgarh. , Chhattisgarh ---- Non-applicant For Applicant - Shri Jameel Akhtar Lohani, Advocate. For Non-applicant/State - Shri Aditya Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-02-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 11-10-2017 in connection with Crime No.384/2017 registered at P.S.

Chirmiri, District Korea-Baikunthpur, Chhattisgarh for the offence under Section 20(B) of the N.D.P.S. Act, 1985. 2.

It is submitted on behalf of the applicant, that the applicant has been falsely implicated in this case. The applicant is in jail since 11-10-2017. He is local resident of District Baikunthpur and is ready to abide by all the conditions to be imposed on bail. Hence, it is prayed that the applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

On the date of incident, on a search made by the police personnel of P.S. Chirmiri, 6.140 Kg. Ganja, the narcotic substance was found and seized from the possession of this applicant and on that basis the case has been registered against him.

6.

Considered on the submissions made and the contents of the case

-2diary.

7.

Considering on the facts that charge sheet has already been filed, the applicant is local resident and his availability before the trial Court shall not be compromised if he is released on bail, I am of this view that the applicant should be released on bail during pendency of the trial against him. 8.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail 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