Ramdhar Odi And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5244 of 2021

1. Ramdhar Odi S/o Chetan Aged About 30 Years Caste - Koya, R/o Mainroad Pandripani, Police Station Malkhangiri, Orisa.

2. Balram S/o Hari Madkami Aged About 19 Years Caste - Koya, R/o Mainroad Pandripani, Police Station Malkhangiri, Orisa. ---- Applicants

Versus

State Of Chhattisgarh Through Police Station Puspal, District Sukma, Chhattisgarh.

---- Respondent For the Applicants :

Shri Vikas Shrivastava, Advocate.

For the Respondent/State :

Smt. Hamida Siddique, Dy. A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

25.08.2021 Heard.

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.17 of 2020, registered at Police Station - Puspal, District - Sukma, 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 5.11.2020 and have been falsely implicated in this case. The charge-sheet has been filed. 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. It is submitted that the applicant is permanent resident of Orissa and if he is released on bail he may not be available for the trial. Hence, the applicant is not entitled for grant of bail.

4.

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

18.6 kg of ganja (narcotic substance) was jointly seized from the possession of both the applicants. Hence, this case. 6.

Considered the submissions and the facts present in this case. As the applicants do not have any criminal antecedents and the trial of the case is likely to take sometime for its conclusion, I feel inclined to grant regular bail to the applicants.

7.

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

8.

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 trial Court, for their appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi