Kamlesh Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8250 of 2018 • Kamlesh Sahu S/o shri Arjun Sahu Aged About 39 Years R/o Village Sirve Thana -Bhakhara ,tahsil -Kurud ,civil And Revenue District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer ,police Station Bhakhara District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ---Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Sumit Shrivastava, Advocate For Respondent/State : Shri Vivek Sharma, Govt. Advocate ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 31.10.2018 1.

Heard the matter finally.

2.

This is an 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.208/2018, registered at Police Station, Bhakhara, District Dhamtari (CG) for the offence punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

The applicant is charge-sheeted on the ground that he was found in possession of contraband article Ganja to the tune of 1 kg and 200 gm.

4.

Learned counsel for the applicant submits that the applicant is innocent and the charge is for small quantity of seizure of Ganja. He

submits that the applicant is in jail since 13.9.2018 and trial may take some time, 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.

Looking to the small quantity of seizure of the contraband article Ganja as alleged by the prosecution and further looking to the fact that the applicant is in jail since 13.9.2018 and trial will take some time, without further commenting on merits, I am inclined 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.20,000/- 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/ (Ram Prasanna Sharma) JUDGE sunita