Niraj Kumar Kanoujiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8023 of 2018 Niraj Kumar Kanoujiya S/o Santosh Kumar Kanoujiya Aged About 30 Years Cast- Dhobi, R/o Mohalla- Hardeogunj, District- Kannouj, Uttar Pradesh., District : Kannauj, Uttar Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station- Keshkal, DistrictKondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant : Mr. Rajesh Jain, Advocate For Respondent : Mr. Ratan Pusty Govt. Advocate -------------------------------------------------------------------------------------------------- Hon'ble Smt. Justice Vimla Singh Kapoor.

Order On Board 17/12/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant who has been arrested in connection with Crime No. 120/2017 registered at Police Station Keshkal, District Kondagaon (C.G.) for the offence punishable under Sections 20-B Narcotics Drugs and Psychotropic Substance Act, 1985.

2. As per prosecution case, on 12.10.2017, 220.990 KG Ganja was seized from the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 12.10.2017, therefore, he may be enlarged on bail.

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

5. Perused the case diary and the document, collected by the prosecution. On doing that, it prima-facie, appears that 220.990 KG cannabis were seized from the possession applicant, dis-entitling the benefit of bail to the accused/applicant. It being not a fit case, the application for grant of bail is rejected.

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

Sd/- (Vimla Singh Kapoor) V. Judge Santosh