RAHUL KANNOJIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred as the Cr.P.C.), seeking grant of regular bail to him, as he has been arrested on 27/10/2020 in connection with Crime No. 173 of 2020, registered in Police Station Nagarnaar, Distt. Bastar (C.G.) for the offence punishable under Sec. 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act of 1985).

(2.) According to the prosecution story, a secret information was received by the concerned Police Station and based upon which, a search was made whereby the alleged contraband article (ganja) was seized from the possession of the applicant and on this basis, the alleged offence has been registered.

(3.) Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in connection with the said crime. It is contended further that the charge-sheet has already been filed and there is no antecedent registered against him and he is in jail since 27/10/2020, and therefore, he may be enlarged on bail, particularly, when the other co-accused has already been granted bail by the co-ordinate Bench of this Court vide order dtd. 13/4/2021 passed in M.Cr.C.No.1435 of 2021.