High Court Of ChhattisgarhMCRC/483/2020allowed

Mohd. Rafique v. State Of Chhattisgarh

2020-03-05Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 483 of 2020 • Mohd. Rafique, S/o Shri Baliram, Aged About 40 Years, R/o Village Kosamkhuta, Police Station- Fingeshwar, DistrictGariyaband, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through: Station House OfÏcer, Police Station Komakhan, District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Mr. Sunil Sahu, Adv.

For Respondent/State : Ms. Akshara Amit, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 05.03.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 178/2019 registered at Police Station- Komakhan, DistrictMahasamund, (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. Act.

2. The prosecution story, in brief is that, on 23.11.2019, on the basis of information, police personnel searched and seized total 13 Kg Ganja from the possession of the applicant and other co-accused person. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that applicant is in jail since 23.11.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant 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, and further considering the facts that the applicant is in jail since 23.11.2019, as 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 applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Ruchi