Suraj Mahanand & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2331 of 2019

1. Suraj Mahanand S/o Bholaram Mahanand, Aged About 20 Years R/o Shrinagar, Odiya Basti, Post Office Raipur Police Station Khamtarai, District Raipur Chhattisgarh.

2. Satnam Singh S/o Nazir Singh, Aged About 30 Years R/o Beside Of District Hospital, Pandri, Raipur, Post Office Raipur Police Station Pandri, District Raipur, Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Civil Line, Raipur, District Raipur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicants : Shri Shivendu Pandya, Advocate.

For Respondent/State : Smt. Madhunisha Singh, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/04/2019

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the Applicants for grant of regular bail. The Applicants have been arrested on 03.03.2019 in connection with Crime No. 115/2019 registered at Police Station - Civil Lines, District - Raipur, Chhattisgarh for the offence punishable under Section 21 (B) of the NDPS Act.

2. It is submitted on behalf of the Applicants that the Applicants have been falsely implicated in this case. No case is made out as brought by the prosecution against the Applicants. They are in jail since 03.03.2019. Hence, under this circumstances, it is prayed that Applicants may be granted bail.

3. Learned Counsel for the State/Non-Applicant opposes the bail

application.

4. Heard learned Counsel for the parties and perused the case diary.

5. On the date of incident, police personnel of Police Station Civil Lines, Raipur searched the Applicant and made seizure of 0.24 gram Alprazolam Tablet and 27.6 gram of Spascore-Vonplus (Tramadol), which are prohibited drug under NDPS Act, have been seized from the possession of the Applicants.

6. Considering all the facts and circumstances of the case and further considering the fact that Applicants have no criminal antecedent, Applicants are local resident of District - Raipur, and further considering all the material present in the case diary, I feel inclined to allow this application.

7. Consequently, the application filed by the Applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the Applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Prakash