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High Court Of ChhattisgarhMCRC/3354/2018dismissed

Angeshwar And ANR. v. State Of Chhattisgarh

2018-07-02Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3354 of 2018

1. Angeshwar S/o Sohan Ahir, aged about 36 years, R/o Village Sahjat, Balpati, Police Station Komna, District Nuvapada (Orissa)

2. Loknath Khoirana S/o Shibo Khoirana, aged about 26 years, R/o Gadgad Bahli, Police Station Tarbod, District Nuvapada (Orissa) ----Applicants

Versus

The State of Chhattisgarh, through Station House Officer, Police Station Chhura, District Gariyaband (C.G.) ---- Non-applicant For Applicants :

Mr. Manoj Kumar Dubey, Advocate.

For Respondent/State :

Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/07/18 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. 29/2018, registered at Police Station Chhura, District Gariyaband (C.G.) for the offence punishable under Section 20-B of the NDPS Act.

2.

Case of the prosecution, in brief, is that, about 4 kgs and 500 gms of Cannabis (ganja) was seized by the police from the possession of the present applicants.

3.

Learned counsel for the applicants submit that the applicants have been falsely implicated in the crime in question. He further submits that the

applicants are in custody since 14.03.2018, charge-sheet has been filed, statements of the witnesses are being examined and the trial is likely to take some time for its final disposal, and no useful purpose would be served by detaining them in jail and, therefore, they may be released on bail. 4.

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

5.

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

6.

After hearing learned counsel for the parties and in view of the fact that about 4.5kgs of Cannabis (ganja) was found in possession of the present applicants, I do not consider it fit case for grant of bail. 7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected. However, the trial Court is directed to expedite the trial. Certified copy as per rules.

SD/- (Sanjay K. Agrawal) Judge Priyanka