High Court Of ChhattisgarhMCRC/596/2020allowed

Haidar Ali v. State Of Chhattisgarh

2020-03-09Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 596 of 2020 • Haidar Ali S/o Shri Momeen Ali Khan Aged About 22 Years R/o Masuri, Jafar Colony, Police Station Masuri, District Gaziabad, Uttar Pradesh., District : Ghaziabad, Uttar Pradesh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Nagarnaar, District Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicant :

Shri Ishan Verma, Advocate.

For Respondent :

Shri Wasim Miyam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09/03/2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.214/2019 registered at Police Station Nagarnaar, District Bastar (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, 1985.

2. It is the case of the prosecution that on 27.9.2019, on the information, the police has seized 21 kg Ganja (cannabis) from the possession of the applicant. On the basis of above, offence has been registered and the applicant was arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question and mandatory provisions of the N.D.P.S. Act have not been complied with. He submits that as the applicant is in custody

since 27.9.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant, charge sheet has been filed and the detention period of the applicant, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

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

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita