Virendra Sahu And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3196 of 2018

1. Virendra Sahu S/o Kabiraj Sahu Aged About 27 Years R/o Village Gochchhagoda , Police Station Kontamal District Baud ( Odisha )

2. Rama Sahu S/o Murli Sahu Aged About 18 Years R/o Village - Rudimahul , Police Station Kontamal , Distirct Baud ( Odisha )

3. Jitendra Sahu S/o Ghanshyam Sahu Aged About 21 Years R/o Village - Rudimahul , Police Station Kontamal - District Baud ( Odisha ) ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Patewa, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh. ---- Respondent For the Applicants :

Shri Yogeshwar Sharma, Advocate.

For the Respondent/State :

Shri Anant Bajpai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

02.07.2018 1.

This is the second bail application of the applicants. The first bail application of the applicants was dismissed as withdrawn on 2.1.2018 in M.Cr.C. No. 7280 of 2017. The applicants have been arrested in connection with Crime No.122 of 2017, registered at Police Station Patewa, District - Mahasamund, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

Learned counsel for the applicants submits that the applicants are in jail since 12.08.2017 and they have been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Investigation has been made without following the procedure laid down to

investigate such a case in NDPS Act. Hence, it is prayed that the applicants be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

According to the documents present on record, it appears that out of 10 witnesses only four witnesses have been examined so far and this case is pending about nearly one year. Hence, looking to the fact that the trial against the applicants is getting prolonged, I feel inclined to grant regular bail to the applicants.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

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 local 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 Nimmi