Ravikant And ANR. v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2362 of 2019

1. Ravikant, S/o Rai Singh, Aged About 35 Years Caste - Gond , R/o Pemnagar, Police Station and Tahsil - Premnagar District Surajpur, Chhattisgarh.

2. Shiv Prasad S/o Ghuran Vishwakarma Aged About 24 Years Caste - Lohar, R/o Pemnagar, Police Station and Tahsil - Premnagar District Surajpur, Chhattisgarh.

---- Applicants

Versus

The State of Chhattisgarh Through S.H.O., Police Station Ramanujnagar, District Surajpur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicants : Mr. A.K. Prasad, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 09/05/2019

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. 33/2019, registered at Police StationRamanujnagar, District- Surajpur (C.G.) for the offence punishable under Section 20-B of NDPS Act.

2. As per prosecution story, on 17.02.2019, on the basis of information received from an informant, police officials stopped and searched one Mahindra SUV Car in which the Applicants were found inside the said vehicle and total 3 Kg 250 gram of contraband 'ganja' has been seized from their joint possession. On the basis of the said, offence has been registered. The applicants have been taken into custody on 17.02.2019.

3. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. He further submits that Applicants have no previous antecedents. Charge-sheet has already been filed, Applicants are in custody since 17.02.2019 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 the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that that the Applicants have no previous antecedents, they are in custody since 17.02.2019 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. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for their appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Saurabh/Prakash