Sanjeet Vishwas @ Sanju & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4992 of 2018

1. Sanjeet Vishwas @ Sanju S/o Late Nirmal Vishwas Aged About 28 Years, R/o MV 31 Malkhangiri (Orissa), District : Malkangiri, Orissa

2. Harirai S/o Shri Ram Kishno Rai, Aged About 34 Years, R/o MV 31 Malkhangiri (Orissa), District : Malkangiri, Orissa ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Sukma, District Sukma Chhattisgarh, District : Sukuma, Chhattisgarh ----Non-applicant For Applicants - Shri P.R. Patankar, Advocate. For Non-applicant/State - Shri N.K. Mehta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-08-2018 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 15-01-2018 in connection with Crime No.01/2018 registered at P.S. - Sukma District Sukma, Chhattisgarh for the offence under Section 20(b)(ii)(B) of N.D.P.S. Act. 2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 15-01-2018. No case is made out against them. The case is pending before the concerned trial Court. Hence, it is prayed that the applicants may be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that the applicants are resident of Orissa State, in case they are released on bail, they may not be available for trial which may hamper the trial of the case, hence, the application may be rejected. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Total 10.420 kg. Ganja was recovered and seized from both the

-2applicants while they were traveling in a motorcycle by the police personnel of Police Station Sukma, District Sukma. Hence, this case. 6.

Considering on the material present in the case diary and also the fact that the trial against these applicants is likely to take some time, I am of this opinion that these applicants should be granted regular bail. 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 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