R. Munna Raj (R. Muna Rao) & Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 163 of 2021

1. R. Munna Raj (R. Muna Rao) S/o Ravedi Raju, Cast Dom, aged about 18 years, R/o Nilakhaberu, P.S. Bali Mela, District malkangiri, Odisha.

2. Vidhan Patla S/o Dhansai Patla, Cast Dom, aged about 18 years, R/o Gogla P.S. Malkangiri, District Mankangir Odisha. ---- Applicants

Versus

• State of Chhattisgarh Through Police Station Kukanar, District South Bastar, Dantewada (C.G.) ---- Respondent For Applicants :

Ms. Kiran Jain, Advocate For Respondent :

Ms. Ishwari Gritlahre, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /04/2021 1.

The applicants have preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are arrested in connection with Crime No.21/2020, registered at Police Station - Kukanar, District South Bastar, Dantewada (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act).

2.

The prosecution story, in brief, is that the police of police station Kukanar, District South Bastar Dantewada, acting on a tip-off, seized 15.300 and 15.800 kilogram contraband article cannabis from applicant No.1-R. Munna Raj and applicant No.2-Vidhan Patla respectively. Based on this, offence has been registered against the applicants. Present applicants have been taken into custody on 06.12.2020.

3.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. She further submits that the mandatory provisions

of the NDPS Act has not been complied with in its letter and spirit. She also submits that the applicants are in jail since 06.12.2020 and they are ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed upon them by this Court. Therefore, the present applicants may be granted regular bail. 4.

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

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances of the case, and further considering the fact that the applicants are in custody since 06.12.2020 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicants shall be released on bail on their executing a personal bond for a sum of Rs.50,000/- each with one local surety for the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde