High Court Of ChhattisgarhMCRC/7597/2017allowed

Kaleshwar v. State Of Chhattisgarh

2018-01-30Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7594 of 2017

1. Pankaj Kumar S/o Dhananjay Jangde, Aged About 22 Years R/o Village Bade Hardi, Police Station Sarangarh, District Raigarh, Chhattisgarh., Chhattisgarh

2. Anil, S/o Sukhchand Sonwani, Aged About 21 Years R/o Village Govindvan, Police Station- Bilaigarh, District Baloda BazarBhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bilaigarh, District Baloda Bazar- Bhatapara, Chhattisgarh., Chhattisgarh.

---- Respondent And M.Cr.C. No. 7597 of 2017 • Kaleshwar S/o Shri Sukhiram Tandon Aged About 20 Years R/o Village Jora , Police Chowki Bhatgaon Police Station Bilaigarh District Baloda Bazar Bhatapara Chhattisgarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Bilaigarh District Baloda Bazar Bhatapara Chhattisgarh, Chhattisgarh ---- Respondent

For the Applicants :

Shri Amit Singh. Advocate.

For the Respondent/State :

Shri Anant Bajpari, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30.01.2018

1. Both the applications are heard and decided together by this common, order, as both the bail applications are arising out the same crime number and offences.

2. These are the first bail application for grant of bail to the applicants who have been arrested in connection with Crime No. 339/2017 registered at Police Station - Bilaigarh, District - Baloda Bazar, Bhatapara, (C.G), for the offences under Section 20 B of Narcotic Drugs and Psychotropic Substances Act.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and they are in jail since 08.09.2017. After completion of investigation the charge-sheet has been filed. The applicants are local resident of State- Chhattisgarh, hence, it is prayed that the applicants may be released on bail.

4. Learned counsel for the State opposes the bail application and submission made.

5. Heard counsel for both the parties and perused the case diary.

6. On the date of incident, motorcycle on which three persons were riding were stopped and searched and 2.548 kg ganja was recovered and seized from the possession of the applicant - Anil Sonwani in (M.Cr.C. No. 7594 of 2017). The applicant - Kaleshwar in (M.Cr.C. No. 7597 of 2017) was driving the said motorcycle.

7. Considering the submissions made, contents of the case diary and taking into consideration the facts that the applicants are local residents and there is no chance of their absconding during the course of the trial, and the trial is likely to take some time for its completion, I am of the view that it is a fit case where the applicants are entitled for grant of bail.

8. Consequently, both the applications M.Cr.C. No. 7594 of 2017 and M.Cr.C. No. 7597 of 2017 filed under Section 439 of the Cr.P.C. are hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd /- (Rajendra Chandra Singh Samant) Judge Jamal