Amit Raj Kaira v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2987 of 2019 • Amit Raj Kaira S/o Late Shri Masih Prakash Kaira, aged about 38 years, R/o Naka para, Charama, District Kanker (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Station House OfÏcer, Police Station - Sukma, District Sukma (C.G.) ---- Respondent For Applicant :

Shri Ishan Verma, Advocate For Respondent :

Shri B.L. Sahu, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /10/2019 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.08/2019 (wrongly mentioned in the bail rejection order as 08/2018), registered at Police Station - Sukma, District Sukma (C.G.) for the offence punishable under Section 20(B) of the NDPS Act, 1985.

2.

The prosecution story, in brief, is that on 16.01.2019, the police of police station Sukma, acting on a tip-off, conducted raid and seized 10 kg contraband article Ganja from the possession of the applicant. Based on this, offence has been registered. Present applicant has been taken into custody on 17.01.2019.

3.

Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submits that the applicant is in custody since 17.01.2019, charge sheet has been filed and there is no likelihood of his case being decided in near feature. Therefore, he may be released on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances of the case, in particular the quantity of ganja i.e. 10 kg, and further considering the fact that the applicant is in custody since 17.01.2019 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge vijay