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High Court Of ChhattisgarhMCRC/7426/2019allowed

Ganesh Behra v. State Of Chhattisgarh

2020-01-13Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7426 of 2019 • Ganesh Behra S/o Neelkant Behra Aged About 28 Years R/o Chhamunda, Police Station Telkoi, District Kaujhar Odida, At Present, Resident Of Vasundhara Road, Block No. 16/17, Quarter No. 47/183, Eihar District East Dilli., Delhi ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station G.R.P. Raipur, District Raipur Chhattisgarh.

---- Respondent For Applicant :

Ms. Sunita Sahu, Advocate.

For Respondent :

Mr. Wasim Miyan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13.01.2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 258/2019 registered at Police Station - G.R.P. Raipur, District Raipur (C.G.) for the offence punishable under Section 20(B) of NDPS Act.

• According to the prosecution story, on the basis of information received from an informant, Police Personnel searched and seized total 4.00Kg. contraband article cannabis (Ganja) from the possession of applicant and other co-accused. Thereafter, the applicant has been arrested. • Learned counsel appearing on behalf of the applicant submits that the Applicant is innocent and has been falsely implicated in the case. She further submits that the applicant is in custody since 29.09.2019, since, the trial will take some time, he may be released on bail.

• Per contra, learned counsel appearing on behalf of the State opposes the bail application.

• I have heard learned Counsel for the parties. • Considering the facts and circumstances of the case, the detention period of the applicant, and further considering the fact that trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- with one local surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu