Ramnath Ansari Vsstate Of Chhattisgarh

The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime

No.90/2021 registered in Police Station Rajim District Gariyaband Civil and Revenue District Raipur C.G. for the offence punishable under Section

20(B) of the NDPS Act.

Applicant along with co-accused Mukesh Sen was traveling on a motor cycle on 29.4.2021. When the concerned Police was conducting checking

by barricading the area, the applicant was found in possession of 10 kg 120 gram of cannabis (ganja).

Learned counsel for the applicant submits that two accused were traveling together, therefore, the possession of ganja cannot be attributed to this

applicant alone. He would further submit that rigor of Section 37 of the NDPS Act is not attracted in the present case.

Learned State counsel would submit that applicant has four previous antecedent of offence under Public Gambling Act, one case under I.P.C. and

several other cases of Preventive Detention Act, in total there are 11 cases registered against the present applicant, therefore, he is not entitled to be

released on bail.

The previous antecedent does not involve commission of similar nature of offence nor any heinous offence is registered against the applicant. The

applicant is in jail since 29.4.2021 i.e., for more than three months and the charge-sheet has already been filed, therefore, considering that restrictions

imposed on grant of bail as provided under Section 37 of the NDPS Act are not attracted, I am inclined to release the applicant on bail.

Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/-

with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given

by the said Court.

Certified copy as per rules.