Amardas Anant And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3163 of 2018

1. Amardas Anant S/o Bhukhau Ram Anant Aged About 34 Years By Caste Satnami, R/o Village Navganwa, Police Station Baloda, District Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

2. Paras Ram Kurre S/o Fulsai Kurre Aged About 40 Years By Caste Satnami, R/o Village Navganwa, Police Station Baloda, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Out Post Hardi Bazar, Police Station Kusmunda, District Korba, Chhattisgarh., District : Korba, 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 applicant who has been arrested in connection with Crime No.65/2018, registered at Police Station- Kusmunda, District- Korba(C.G.) for the offence punishable under Sections 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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2. Learned counsel for the applicants submits that applicants are innocent and has been falsely implicated in this case. Applicants are in jail since 11.3.2018. After completion of investigation, charge-sheet has been filed. No case is made out against them. Hence, it is prayed that applicant 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 11.03.2018 on a search made by the police personnel of police outpost-Hardi Bazar under PS-Kusmunda, applicants were found in joint possession of 4.800 kg ganja the narcotic substance, which was seized and case was registered against these applicants. Hence, this case.

6. Considering on the entire material present in the case diary, the trial against the applicant is likely to take some time before its conclusion. Applicants are local resident of District-Janjgir Champa and their availability before the trial Court shall not be compromised if they are enlarged on regular bail, 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 applicants 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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