Omprakash Rai & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1584 of 2019

1. Omprakash Rai S/o Nagendra Prasad Rai Aged About 30 Years R/o Jagdev Nagar, Old Jakkanpur, Police Station - Jakkanpur, Bihar.

2. Sriram Mishra S/o Late Ramchandra Mishra Aged About 30 Years R/o Ghupsagar (Khargouli) Post - Rampur, Tengrahi, Police Station - Jadopur, District Gopalganj, Bihar.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Station - Keshkal, District - Kondagaon Chhattisgarh.

---- Respondent For Applicants : Mr. Ashok Kumar Kamra and Mr. Dhirendra Kamra , Advocates.

For Respondent/State : Mrs. Smita Ghai, PL.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 24/04/2019

1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime no. 4/2018, registered at Police Station Keshkal, District Kondagaon (C.G.) for the offence punishable under Section 20 (B) of the NDPS Act.

2. As per prosecution story, on 04.01.2018, on the basis of information received from an informant, investigating officer of the case searched vehicle bearing Registration No. JH 13 B 6742, at that time, both the applicants were seated in the vehicle. After being searched, total 312.180 Kgs. of contraband Ganja has been seized from their joint possession and they have been arrested on 04.01.2018.

3. Learned counsel appearing on behalf of the applicants submit that the applicants are innocent and have been falsely implicated in the case.

Mandatory provisions of the NDPS Act have not been complied with. They further submit that the seizure witnesses of the case have already examined before the Trial Court and they have not supported the case of the prosecution and turned hostile. The applicants are in custody since 04-01-2018, charge-sheet has already been filed and trial is likely to take some time. Therefore, the applicants may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the seizure witnesses have turned hostile, the applicants are in custody since 04-01-2018, charge-sheet has already been filed and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicants on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 2,00,000/- with two local solvent sureties each of Rs. 1,00,000/- to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham