High CourtsSingle Bench

Yogendra Singh Jaat vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 22 February 2019 · Citation: (2019) 02 CHH CK 0431

HON’BLE JUDGES
P. Sam Koshy, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20B
RESULT
Allowed
CASE NUMBER
M.Cr.C. No. 294 Of 2019
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Judgment

17 paragraphs · 345 words

P. Sam Koshy, J

1.

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No. 186/2018 registered at Police Station

G.R.P. Thana, Raipur (C.G.) for the offence punishable under Section 20-B of NDPS, Act.

2.

Present applicant is in jail since 21/06/2018.

3.

The allegation against the present applicant as per the prosecution case is that, the present applicant is said to have found to be in possession of 8

K.G. of Gaanja which the applicant intended to sell in the open market.

4.

The counsel for the applicant submits that, the petitioner has already put in more than 8 months of custody period and that the case also is

proceeding at a slow pace and considering the entire facts and circumstances of the case, the petitioner may be released on bail.

5.

The State counsel on contrary opposing the bail application submits that, the present applicant considering the quantity of contraband seized is not

entitled to be released on bail at this juncture. He further submits that, the applicant also has a track record of an earlier criminal case registered

against him for the offence under the provision of Arms Act and thus prayed for rejection of bail application.

6.

Having heard the contentions put forth on either side and on perusal of record, considering the period of custody undergone, the age of the applicant

and also the fact that there is no past antecedent under the provision of NDPS Act so far as the applicant is concerned, this Court is of the opinion

that, prima-facie, a strong case has been made out for grant of bail to the present applicant.

7.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on her executing 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. The applicant shall thereafter appear before the

Trial Court on each and every date given by the said court.