Bodhram @ Majhala Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7335 of 2019 • Bodhram @ Majhala Patel S/o Shri Bhagwano Patel Aged About 64 Years R/o Village Singhari, Police Station Baramkela, District Raigarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Of The Police Station Baramkela, District Raigarh, Chhattisgarh. ---- Respondent For Applicant : Shri Abhishek Saraf, Advocate For Respondent/State : Shri B.L.Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 09/01/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 183/2019 registered at police station Baramkela, district Raigarh (CG) for the offence punishable under Section 20(A) of the Narcotics Drugs and Psychotropic Substances Act.

As per case of the prosecution, it is alleged that the applicant has planted one cannabis plant in the backyard of his house. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime. He submits that the ingredients of alleged offence is not attracted against the applicant. He

submits that the applicant is in jail since 07.10.2019 and the trial may take some time for its disposal and therefore he may be released on bail.

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

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, the application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna