Rajindra Rana And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3995 of 2019

1. Rajindra Rana, S/o Gaurang Rana Aged About 45 Years R/o Village Titalkhuti, P.S. Titlagarh, District Balangir Orissa.

2. Ramabati, W/o Rajindra Rana, Aged About 35 Years, R/o Village Titalkhuti, P.S. Titlagarh, District Balangir Orissa. ---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Khallari, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondent _____________________________________________________________ For Applicants :

Mr. Siddharth Rathod, Advocate.

For Respondent/State :

Mr. Ghanshyam Patel, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/07/2019

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.115/2019 registered at Police Station-Khallari, District-Mahasamund(C.G.) for the offence punishable under Sections 20(B) of the N.D.P.S. Act.

2. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. Applicants are in jail since 03.06.2019. No case is made out against these applicants, hence, it is prayed that they may be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that both the applicants are residents of Odisha, therefore, there may be difficulties in their

Page No.2 availability for trial, hence, applicants are not entitled for grant of regular bail.

4. Heard both the parties and perused the case diary.

5. On the date of incident, 3 kg ganja was seized from the possession of these applicants while they were waiting at Khallari bus stand. Hence, this case.

6. After considering on the evidence present in the case diary and that the investigation and trial may take time before its conclusion, I feel inclined to allow the application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha