High Court Of ChhattisgarhMCRC/5913/2021allowed

Vikas Pandey And Another v. State Of Chhattisgarh

2021-09-08Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5913 of 2021

1. Vikas Pandey, S/o Rakesh Pandey, Aged About 18 Years, Caste -Bramhan, Village Simriya, Post Kamad Thana-Unnav, District- Datiya, Madhya Pradesh.

2. Smt. Ranu Kenwat, wife of Parmendra Kenwat, aged about 25 years, caste-Kenwat, resident of Village Bijoli, Thana, Bijoli, DistrictJhansi(U.P.) ---- Applicants

Versus

1. State of Chhattisgarh Through- Station House Officer, Police StationBasna, District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Mr. Vikash Pradhan, Advocate.

For State/respondent : Mr. Ajay Kumrani, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/09/2021 Heard.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime No.391/2021 registered at Police-Station-Basna, DistrictMahasamund(C.G.) for the offence punishable under Sections 20(b) of NDPS Act.

2. It is submitted by the learned counsel for the applicants, that the applicants have been falsely implicated in this case. They are in jail since 22.07.2021. No offence has been committed by these applicants,

hence, it is prayed that this applicants may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the applicants are residents of other State, therefore, in case they are released on bail they may not be available for trial, hence, the application may be rejected.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. 15kg ganja the narcotic substance has been seized from the joint possession of both the applicants by the police personnel of the police station-Basna, District-Mahasamund. Hence, this case.

6. Considered on the submissions. As there is no criminal antecedent of the applicants and there is likelihood of delay in conclusion of trial, I feel inclined to allow the application of this applicants.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/-each with one 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 Nisha