High CourtsSingle Bench

Belsur Pandaiya vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 17 December 2018 · Citation: (2018) 12 CHH CK 0098

HON’BLE JUDGES
Vimla Singh Kapoor, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(B)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 7185 Of 2018
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Judgment

13 paragraphs · 228 words

Vimla Singh Kapoor, J

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. 06/2016 registered at Police Station Nagarnar, Jagdalpur District Bastar (C.G.) for the offence punishable under Section

20-B of Narcotics Drugs and Psychotropic Substance Act, 1985.

2.

As per prosecution case, 40 KG Ganja was seized from the applicant.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the seizure witness have not

supported the case of the prosecution and he is in jail since 18.01.2016, therefore, he may be enlarged on bail.

4.

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

5.

Considering the fact that the applicant is in jail since 18.01.2016 i.e. about 2 years, and also keeping in view the quantity of Ganja in his possession, I

am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to

the satisfaction of the concerned trial Court, for his appearance as and when directed.