High Court Of ChhattisgarhMCRC/5554/2021allowed

Tarachand Jaiswal And Another v. State Of Chhattisgarh

2021-08-27Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.5554 of 2021

1. Tarachand Jaiswal S/o Kushwa Jaiswal Aged About 52 Years R/o Raipur Raod, Baba Kuti, Sarangarh, District- Raigarh, Chhattisgarh

2. Tularam Dadsena S/o Late Shri Dhaneshwar Dadsena Aged About 50 Years R/o Risekela, Police Station- Saraipali, District- Mahasamund, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationDongripali, District- Raigarh, Chhattisgarh ---- Non-applicant For Applicants : Mr. Amit Singh, Advocate.

For Non-applicant/State : Mrs. Hamida Siddiqui, Dy. A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 27-08-2021Sd/-

1. Heard on the application filed under Section 439 of the Cr.P.C. This is the first bail application filed for grant of regular bail. The applicants have been arrested on 14.07.2021, in connection with Crime No.57/2021, registered at Police Station- Dongripali, District- Raigarh, C.G. for offence punishable under Section 20(B) of N.D.P.S. Act.

2. It is submitted by the learned counsel for the applicants that these applicants have been falsely implicated in this case. The applicants are in jail since 14.07.2021. No offence has been committed by these applicants, hence, it is prayed that this applicant may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application.

-24. Heard learned counsel for the parties and perused the case diary.

5. According to prosecution case, 07 kg. Ganja was seized from the possession of applicant No.1 whereas 08 kg. Ganja was seized from the possession of applicant No.2. Hence, this case.

6. Considered on the submissions. As it appears that these applicants did not have any criminal antecedent and further, there is likelihood of delay in investigation and trial, 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 their furnishing a personal bond in the sum of Rs.25,000/- with one surety each 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 Monika