Mohammad Irfan @ Sonu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4336 of 2019 Mohammad Irfan @ Sonu S/o Mohammad Yusuf Aged About 36 Years R/o Amar Chouk, Rajatalab, Police Station Civil Line Raipur, District Raipur Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Ganj Thana, District Raipur Chhattisgarh.
---- Respondent And M.Cr.C. No. 4925 Of 2019 Sartaj S/o Yusuf Sarif (name of present applicant is wrongly missed in order sheet) Aged About 28 Years R/o Ravinagar, Near Pujari School, Rajatalab, Raipur, Police Station Civil Line Raipur, District Raipur Chhattisgarh. ---- Applicant Vs State Of Chhattisgarh Through Station House Officer, Police Station Ganj Thana, District Raipur Chhattisgarh.
---- Respondent And M.Cr.C. No. 5092 Of 2019 Amin S/o Habib Naushad Aged About 37 Years (wrongly mentined as 87 years in the order sheet), R/o Near Gopal Store (not mentioned in order sheet) Police Station Civil Line, Raipur, District Raipur Chhattisgarh. ---- Applicant Vs State Of Chhattisgarh Through Station House Officer, Police Station Ganj, Raipur, District Raipur Chhattisgarh.
---- Respondent For the Applicants :
Ms. Smita Jha and Shri C.R. Sahu, Advocates.
For the Respondent/State :
Shri Priyanshu Gupta, P.L.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
14.08.2019
1.
Heard.
2.
All these applications are being decided by this common order as they arise from the same incident. These are the first bail applications filed by the applicants for grant of regular bail to them, who have been arrested in connection with Crime No. 223 of 2019, registered at Police Station - Ganj Thana, Raipur, District - Raipur, Chhattisgarh for the offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3.
Learned counsel for the applicants submit that the applicants are in jail since 10.6.2019 and they have been falsely implicated in this case. These applicants have not committed any offence. The seizure of contraband was made from the auto-rickshaw where these applicants were traveling and they had no connection with the contraband that was kept behind the back seat of the auto-rickshaw. All these applicants are local residents of District Raipur and they are ready to abide by all the conditions that may be imposed on them. Hence, for these reasons, the applicants are entitled for grant of bail. 4.
On the other hand, learned counsel for the State opposes the bail applications and the arguments submitted in this respect. 5.
Heard counsel for both the parties and perused the case diary. 6.
The police personnel of police station Ganj, District Raipur made a seizure of 6.5 kg of ganja (narcotic substance) which was kept in a bag and being transported in an auto-rickshaw which was occupied by these
applicants. Hence, this case.
7.
After considering the entire material in the case-diary and particularly, for the reason that the applicants are local residents of District Raipur and their availability can be ensured by imposing conditions for grant of bail, therefore, I feel inclined to grant regular bail to the applicants in all the cases. 8.
Accordingly, the bail applications filed under Sections 439 and 438 of the Cr.P.C. are allowed.
9.
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