Daya Pal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 62 of 2020

1. Dinesh Pao & Anr. S/o Babulal Pao Aged About 35 Years R/o Village Bhalmudi, Post Kothi, Tahsil Kotma, Police Station Bijuri, District Anuppur M. P.

2. Lallu Lal Pao S/o Buddhulal Pao Aged About 47 Years R/o Village Bhalmudi, Post Kothi, Tahsil Kotma, Police Station Bijuri, District Anuppur M. P.

---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Out Post Basdei, Police Station Surajpur, District Surajpur Chhattisgarh ---- Respondent MCRC No. 298 of 2020 • Daya Pal S/o Late Rameshwar Cherwa Aged About 50 Years R/o Musara, Police Station And Tahsil Maneneragarh, District Korea Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Out Post Basdai, Police Station Surajpur, District Surajpur Chhattisgarh. ---- Respondent For Applicants.

:

Mr. Anil Gulati, Advocate.

For Respondent/State :

Mr. Vaibhav K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 13.02.2020

1. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 364/2019 registered at Police Station - Out Post Basdai, P.S. Surajpur, District Surajpur (C.G.) for the offence

punishable under Section 20 (B) of NDPS Act.

2. It is the case of the prosecution that, on the basis of secret information, police personnel searched and seized total 5.030 KG contraband cannabis (Ganja) from the possession of applicants. Thereafter, offence has been registered against the applicants and the applicants have been arrested.

3. Learned counsel for the applicant submits that the applicants have been falsely implicated in the crime in question. He further submits that as the applicants are in custody since 21.10.2019 and the trial is likely to take some time for its final disposal, they 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.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as 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 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.

Sd/- (Rajani Dubey) Judge Vijay Sahu