Amrika Tandon & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4019 of 2019

1. Amrika Tandon W/o Budharu Tandon, Aged About 50 Years, R/o Silyari, Police Station- Dharsinva, Revenue and Civil District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Vijay Tandon S/o Khorbahra Tandon, Aged About 25 Years, R/o Silyari, Police Station- Dharsinva, Revenue and Civil District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Police StationDharsinva, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ----Non-applicant For Applicants - Shri Yogesh Pandey, Advocate. For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-07-2019 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 03-06-2019 in connection with Crime No.44/19 registered at P.S. - Dharsinva, District Raipur, Chhattisgarh for the offence under Section 20-B of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. The applicants are in jail since 03-06-2019. They are local residents of District Raipur. The seizure has been made from the house of these applicants when both the applicants were not present. The same house is shared by other family members also, therefore, no case is particularly made out against these applicants. Therefore, it is prayed that the applicants 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.

Police personnel of Police Station Dharsinva, District Raipur made a seizure of 1.8 kg. Ganja which is a narcotic substance from the house of these applicants. Hence, this case.

6.

Considering on the material present in the case diary and for the reason that the applicants are local residents of District Raipur and the seizure has not been made directly from these applicants, therefore, I feel inclined to allow this application.

7.

Consequently, the 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