Sunil Tratka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 480 of 2020 • Sunil Tratka, S/o Patari Tratka, Aged About 31 Years, R/o Village- Sirpur (wrongly mentioned as Shripur in the Order Sheet), Police Station- Chandrapur, Tahsil- Chandrapur, District- Raigarha (Odisha).

---- Applicant

Versus

• State of Chhattisgarh Through- Station House OfÏcer, Police Station- Bodla, District- Kabirdham, Chhattisgarh. ---- Respondent For Applicant : Mr. Dharmesh Shrivastava, 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. 55/2019 registered at Police Station- Bodla, DistrictKabirdham, (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 19.03.2019, on the basis of information, police personnel searched and seized total 74.76 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 the other co-accused has been granted bail in MCRC No. 6564/2019 vide order dated 03.12.2019. The applicant is in jail since 19.03.2019, 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 other co-accused has been granted bail in MCRC No. 6564/2019 vide order dated 03.12.2019. The applicant is in jail since 19.03.2019, 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. 1,00,000/- 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