Rajnesh Kumar Jadon & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 258 of 2020

1. Rajnesh Kumar Jadon S/o Kisanpal Singh Aged About 29 Years Caste - Thakur, R/o Village - Dhanauli, Police Station Akbarabad, District Aligarh, Uttar Pradesh.

2. Suman Devi W/o Harwansh Rai Yadav Aged About 28 Years Caste - Jadav, R/o Barauni, Police Station Barauni, District Begusarai, Bihar.

---- Applicants

Versus

• State Of Chhattisgarh, Through : Station House OfÏcer, Police Station Kunkuri, District Jashpur, Chhattisgarh. ---- Respondent For Applicants :

Mr. J. K. Saxena, Adv.

For Respondent/State :

Mr. Akhtar Hussain, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 25/02/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 146/2018 registered at Police Station Kunkuri, District-Jashpur (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act.

2. The prosecution story, in brief is that, police received an information by informant thereafter, police personnel searched vehicle registration No. UP-80-AT-0007 and sized 82 Kg. of ganja (Cannabis) from the joint possession of the present applicants. Thereafter, offence has been registered against the present applicants.

3. 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 memorandum of seizure witnesses turned hostile. The

applicant Rajnesh Kumar Jadon is in jail since 08.09.2018 and applicant Suman Devi is in jail since 09.09.2018, there is no likelihood of their case being decided in near future, therefore, the present appellants may be released on bail.

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

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

6. 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 memorandum of seizure witnesses turned hostile and the present applicants are in jail since 08.09.2018 & 09.09.2018, 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 application is allowed.

7. 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