Vikky Singh And Another v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4149 of 2021

1. Vikky Singh S/o Nirmal Singh, Aged About 23 Years, R/o Urla, Police Station Urla, Bazar Chowk, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Mithun Giri S/o Veer Bahadur Giri, Aged About 25 Years, R/o Baikunthpur, District Gopalganj (Bihar) presently residing at Birgaon, New Pragati Nagar, Raipur, District Raipur Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pithoura, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ----Non-applicant For Applicants - Mr. S.P. Sahu, Advocate.

For Non-applicant/State - Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20-07-2021 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 07-06-2021 in connection with Crime No.131/2021 registered at P.S. - Pithoura, District Mahasamund, Chhattisgarh for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act.

2.

It is submitted on behalf of the applicants, that the applicants have been falsely implicated in this case. They are in jail since 07-06-2021. Charge sheet has been filed and the trial is not making any progress. Therefore, it is prayed that these applicants be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application submitting that it is a case of contraband more than small quantity, therefore, the application may be rejected.

4.

Heard learned counsel for the parties and perused the case diary.

-25.

Seizure of 5.3 kg. Ganja has been made from the possession of these applicants. Hence, this case.

6.

Considered on the submissions. As these applicants do not have any criminal antecedent, the case is now pending for trial and the trial against them is likely to take some time, therefore, I feel inclined to allow this application. 7.

Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil