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Hemant Kumar Patel vs Smt. Uma Patel @ Toshika Patel

Chhattisgarh High Court · Decided on 20 April 2018 · Citation: (2018) 04 CHH CK 0248

HON’BLE JUDGES
SANJAY K. AGRAWAL, J
RESULT
Disposed of
CASE NUMBER
MCRC No. 2858 of 2018

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Judgment

14 paragraphs · 266 words
1.

Heard.

2.

This is the second 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. 181/2017 registered at Police Station Pendra, District Bilaspur (C.G.) for the offence punishable under Sections 20-B (ii-

B) of the NDPS Act, 1985 and 34(1)(A)/(2) of the Excise Act, 1944.

3.

The applicant's first bail application was dismissed as withdrawn by order of this Court dated 15.11.2017 passed in M.Cr.C. No. 6702/2017.

4.

Case of the prosecution, in brief, is that about 5 Kgs of Cannabis (ganja) was seized by the police from the present applicant. Learned counsel for

the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant is in custody since

13.07.2017 and charge-sheet has been filed and the statements of the witnesses are being examined and the trial is likely to take some time for its final

disposal, therefore he may be released on bail.

5.

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

6.

Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of the offence; role of the

present applicant; and the fact that about 5 kgs of Cannabis (ganja) was found in possession of the present applicant, I do not find any new good

ground or any change in the circumstances of the case to entertain this second bail application. Consequently, the second bail application is rejected.

Certified copy, as per rules.