High Court Of ChhattisgarhMCRC/398/2020allowed

Gurjan Singh & ANR. v. State Of Chhattisgarh

2020-03-20Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 398 of 2020

1. Gurjan Singh S/o Sajjan Singh Aged About 31 Years R/o Koddharamchand Police Station Debal, District Tarantal, (Punjab). Presently Residing At Veer Sawarkar Nagar, Heerapur, Raipur Chhattisgarh.

2. Arjun Singh @ Arjan S/o Balwindar Singh @ Bindar Aged About 28 Years R/o Koddharamchand Police Station Debal, District Tarantal, (Punjab). Presently Residing At Veer Sawarkar Nagar, Heerapur, Raipur Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Kabir Nagar, District Raipur Chhattisgarh.

---- Respondent For Applciants : Shri N.Naha Roy, Advocate For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 20/03/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 265/2019 registered at police station Kabir Nagar, District Raipur (CG) for the offence punishable under Sections 18,21 and 29 of the Narcotics Drugs and Psychotropic Substances Act.

As per prosecution case, on receiving secret information, the police party reached the spot and seized 7kgs and 8 kgs of Doda

(poppy straw) from each of the applicants which was kept by them in a vehicle .

Counsel for the applicants submits that the applicants have been falsely implicated in the case and the mandatory provisions of NDPS Act have not been complied with. He submits that they have no criminal antecedent. He further submits that the applicants are in jail since 01.10.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 50,000/- with one local surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna