Mohd. Danish Ali & Another v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 679 of 2021
1. Mohd. Danish Ali & Another S/o Mohd. Amin Ali Aged About 22 Years R/o Village Sitlapara Kanker, District North Bastar Kanker (C.G.)
2. Mohd. Aftab S/o Mohd. Javed Khan Aged About 21 Years R/o Village Imlipara Kanker, District North Bastar Kanker (C.G.), ---- Applicants
Versus
• State Of Chhattisgarh Through The Station House In-Charge, Police Station Kanker, District North Bastar Kanker., District : Kanker, Chhattisgarh ---- Respondent MCRC No. 1259 of 2021 • Anil Kumar Sahu S/o Chhanuram Sahu Aged About 31 Years By Caste Teli, R/o Shivnagar, Kanker, Tahsil And District Uttar Bastar Kanker, Chhattisgarh.
---- Applicant
Versus
• The State Of Chhattisgarh Through Police Station Kanker, District Uttar Bastar Kanker, Chhattisgarh ---- Respondent For Applicants : Shri Sandeep Shrivastava and Shri Parag Kotecha, Advocates For Respondent/State : Shri Ghanshyam Patel, GA Hon'ble Smt. Justice Rajani Dubey Order On Board
07/04/2021 As both these M.Cr.Cs. arise out of the same crime number, they are being disposed of by this common order. 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.5/2021 registered at police station Kanker, District Uttar Bastar, Kanker (CG) for the offence punishable under Section 22 of the Narcotics Drugs and Psychotropic Substances Act.
Case of the prosecution in brief is that the applicants were found in illegal possession of the contravention, Alprazolum tablets IP RESCALM and NITRAZEAM Tablets IP NTTROSUN totaling to 54.67 grams.
Counsels for the applicants submits that the applicants have been falsely implicated in the crime and they are in jail since 05.01.2021. It is submitted that there are no previous criminal antecedents against the applicants and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore they may be released on bail.
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 applications filed under Section 439 of the Code of Criminal Procedure are allowed.
It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna