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High Court Of ChhattisgarhMCRC/223/2020allowed

Aagvendra Singh v. State Of Chhattisgarh

2020-01-14Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7483 of 2019 • Arvind Tiwari S/o - Hiralal Tiwari Aged About 37 Years, R/o - Gram Pandra, Thana Civil Line Rewa, Civil And Revenue District Rewa Madhya Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Dongaripali, Civil And Revenue District Raigarh, Chhattisgarh. ---- Respondent MCRC No. 223 of 2020 • Aagvendra Singh S/o Ramanand Aged About 25 Years, R/o Ward No. 12 Judmaniya, Thana Chorhata, District Riwa, Madhya Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Dongripali, District Raigarh, Chhattisgarh. ---- Respondent MCRC No. 7539 of 2019 • Umesh Yadav S/o Ramsevak Yadav Aged About 21 Years, R/o Village Kuihya, Thana Chorhata, District- Riwa, Madhya Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station- Dongripali, District- Raigarh, Chhattisgarh, Taluka Raigarh, DistrictRaigarh, Chhattisgarh. ---- Respondent For Applicants :

Mr. Punit Ruparel in MCRC No. 7483/2019.

Mr. Vikash Pradhan, Adv.

in MCRC No. 223/2020 Mr. Vikash Pandey in MCRC No. 7539/2019.

For Respondent/State :

Mr. Anurag Verma, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 14/01/2020

1. As all three MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

2. The accused/applicants have moved these first bail applications under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 43/2019 registered at Police Station Dongaripali, District-Raigarh (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act.

3. The prosecution story, in brief is that, on 03.10.2019 police team of Dogaripali was checking vehicles at Koshabadi Chowk meanwhile police team stop the WagonR Car bearing registration No. MP-17-CB-0988 in which three persons were seated and from dickey of the Car police seized 25 kg Cannabis (Ganja) from the possession of present applicants. Thereafter, offence has been registered against the present applicants.

4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicants are in jail since 03.10.2019, there is no likelihood of their case being decided in near future, therefore, the present appellants may be released on bail.

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

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

7. Taking into consideration the nature and gravity of the offence,

facts and circumstances of the case, detention period of the applicants and further considering the facts that the present applicants are in jail since 03.10.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the applications are allowed.

8. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu