High Court Of ChhattisgarhMCRC/446/2020allowed

Lakhan Lal Prajapati v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 446 of 2020 • Lakhan Lal Prajapati S/o. Shri Baharan Prajapati Aged About 50 Years R/o. Ward No. 2, Vidya Nagar, Churikala, Police Station And Tehsil - Katghora, District- Korba, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through, Station House Officer Bilaigarh, District- Baloda Bazaar, Chhattisgarh.

---- Respondent For Applicant.

Ms. Deepali Dubey, Advocate.

For Respondent/State :

Mr. Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 03.03.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 317/2019 registered at Police Station : Bilaigarh, District Baloda-Bazar (C.G.) for the offence punishable under Section 20-B of NDPS Act.

2. According to the prosecution story, on the basis of information received from an informant, Police Personnel searched and seized total 4.440 Kg. contraband article cannabis (Ganja) from the possession of applicant and coaccused person. Thereafter, the applicant has been arrested.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. She further submits that applicant is in custody since 18.12.2019, since, the trial will take some time, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties.

6. Considering the facts and circumstances of the case, the detention period of the applicant, and further considering that as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- with one local surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu