Ramakant And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1130 of 2018

1. Ramakant, S/o Shri Gulu Kewat, Aged about 38 years, R/o Railway Colony, Raurkela, Thana - Planseth, Civil & Revenue District Sundergarh - (Orissa).

2. Ku. Nisha Rani, D/o Shri Suresh Chandra Raut, Aged about 20 years, R/o Kansbahal, Thana - Kansbahal, Civil & Revenue District Sundergarh - (Orissa).

3. Smt. Phulkumari, W/o Suresh Chandra Raut, Aged about 45 years, R/o Kansbahal, Thana - Kansbahal, Civil & Revenue District Sundergarh - (Orissa).

---- Applicants

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station Kawardha, District Kabeerdham (C.G.) ---- Non-applicant For Applicants :

Mr. Sunil Sahu, Advocate.

For Non-applicant/State :

Mr. Ashish Surana, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/04/18 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.20/2017 registered at Police Station Kawardha, District Kabeerdham (C.G.) for the offence punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Case of the prosecution, in brief, is that about 125 Kgs. of Ganja was

recovered from the possession of the applicants and thereby committed the aforesaid offence.

3.

Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in crime in question. They are in jail since 20-01-2017, therefore, they may be released on regular bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence and total quantity of 125 Kgs. Ganja was recovered from the possession of the applicants, this Court is of the opinion that present is not a fit case in which the applicants should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected. However, the Trial Court is directed to expedite the trial. Sd/- (Sanjay K. Agrawal) Judge Kvr