Ekadashiya Satnami And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3170 of 2018

1. Ekadashiya Satnami And Anr. S/o Botilal Satnami Aged About 52 Years R/o Village Dhangaon, Police Station Sarinwa, District Baloda Bazar, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

2. Raghunandan Giri Goswami S/o Sudama Giri Goswami Aged About 55 Years R/o Village Mukta, Police Station Jaijaipur, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Civil Line Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicants :

Mr. Ravi Ranjan Sinha, Advocate.

For Respondent :

Mrs. Smita Ghai, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/07/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.16/2018, registered at Police Station- Jaijaipur, District- Janjgir-Champa(C.G.) for the offence punishable under Sections 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. Applicants are

Page No.2 in jail since 17.1.2018. No case is made out against them. Co-accused Satrughan Chandra has been granted bail by the co-ordinate Bench of this Court. Hence, it is prayed that applicants be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. On the date of incident on 17.1.2018, police personnel of PS-Jaijaipur, stoped the motorcycle on which both these applicants along with coaccused Satrughan Chandra were traveling carrying some bags. On a search made, 6 kg ganja the narcotic substance was found from the possession of applicant No.1, 2 kg ganja was found from the possession of applicant No.2 whereas 4 kg ganja was found from the possession of co-accused Satrughan Chandra. Hence, this case.

6. Considering on the entire material present in the case diary, the applicants are the local residents of District-Baloda-Bazar Bhatapara. Similarly placed co-accused has been granted bail, further, the trial against them is likely to take some time before its conclusion, for this reason, I am of this view that this is a fit case where applicants should be enlarged on regular bail.

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

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha

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