Digambar Vishwkumar Bisen v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6442 of 2019 • Digambar Vishwkumar Bisen S/o Vishwkumar Bisen Aged About 27 Years R/o Village Kundwa Thana Gondiya District - Gondiya ( Maharastra ) ---- Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Station - Basna, District - Mahasamund Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Vikash Pradhan, Advocate For Respondent/State : Ms. Akshara Amit, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 28.11.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.318/2019, registered at Police Station Basna, District Mahasamund(CG) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act.

3.

As per the case of prosecution, on a secret information police has seized 11.270 kg ganja (Cannabis) from the possession of the applicant.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and mandatory provisions of the N.D.P.S. Act have not been complied with. He further submits that the applicant is in jail since 24.6.2019 and trial may take some

time for its final disposal therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the applicant is in jail since 24.6.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.

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

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita