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Chhattisgarh High Court · body

2005 DIGILAW 60 (CHH)

AMOL DAS v. STATE OF C. G.

2005-02-14

V.K.SHRIVASTAVA

body2005
ORDER Heard on I.A. No. 87/2005 for taking document on record to which learned Government Advocate has no objection. Considered, I.A. is allowed. Heard. The applicant has preferred this bail application under Section 439 of the Cr.P.C. He is accused in Crime No. 247/2004 registered at Police Station Shivrinarayan, Dist-janjgir Champa (CG) for commission of offence punishable under Sections 20-B/22 of the Narcotic Drugs and Psychotropic Substances Act. Allegation against the applicant is that 11 kg 100gms Ganja was found in his house and that was seized. Contention of the applicant is that he is not the owner of the house and the said Ganja is not recovered from his possession. Never he was involved in any of the of offences. There is no evidence to suggest that the applicant is continuously involved in such offences and on release he will again commit any crime. The Ganja recovered is more than lesser quantity but less than commercial quantity. Taking into account all the petition filed by the applicant under Section 439 of the Cr. P.C is allowed and it is directed that on furnishing a personal bond of Rs. 25,000/-(Rupees Twenty Five Thousand) with two solvent sureties of the like sum by the applicant to the satisfaction of the concerned Court for his appearance before the condition, he be released on bail- (1) He shall not commit any offence similar to the offence of which he is an accused. (2) He shall not directly or indirectly make any inducement or promise to any person acquainted with the case so as to dissuade him from disclosing such facts to the Court. (3) He shall not leave the State of Chhattisgarh without previous permission of the Court. Bail Granted.