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Angeshwar And Ors Vs State Of Chhattisgarh

Case No: Miscellaneous Criminal Case (MCRC) No. 3354 Of 2018

Date of Decision: July 2, 2018

Acts Referred: Code Of Criminal Procedure, 1973 — Section 439#Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(B)

Hon'ble Judges: Sanjay K. Agrawal, J

Bench: Single Bench

Advocate: Manoj Kumar Dubey, Avinash Singh

Final Decision: Dismissed

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Judgement

Sanjay K. Agrawal, J

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have

been arrested in connection with Crime No. 29/2018, registered at Police Station Chhura, District Gariyaband (C.G.) for the offence punishable under

Section 20-B of the NDPS Act.

2. Case of the prosecution, in brief, is that, about 4 kgs and 500 gms of Cannabis (ganja) was seized by the police from the possession of the present

applicants.

3. Learned counsel for the applicants submit that the applicants have been falsely implicated in the crime in question. He further submits that the

applicants are in custody since 14.03.2018, charge-sheet has been filed, statements of the witnesses are being examined and the trial is likely to take

some time for its final disposal, and no useful purpose would be served by detaining them in jail and, therefore, they may be released on bail.

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

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. After hearing learned counsel for the parties and in view of the fact that about 4.5kgs of Cannabis (ganja) was found in possession of the present

applicants, I do not consider it fit case for grant of bail.

7. Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected. However, the trial Court is directed to expedite the trial.

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