Madhu Krishani & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4283 of 2019

1. Madhu Krishani S/o Somnath Krishani Aged About 28 Years, R/o Raipada, Adhiwali Para, Post Ghodihanjar, P. S. Machkund, District Koraput, Orissa.

2. Samro Khimundu S/o Vishwanath Aged About 27 Years, R/o Jaipur, Post Barniput, District-Koraput, Orissa.

---- Applicants

Versus

• State Of Chhattisgarh, Through : Police Station Civil Line Raipur, District-Raipur, Chhattisgarh.

---- Respondent For Applicants :

Mr. Syed Imtiaz Ali, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 05.11.2019

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 202/2019 registered at Police Station Civil Line, Raipur, District-Raipur (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act.

2. The prosecution story, in brief is that, on 27.03.2019, on the basis of information, police personnel searched and seized 9.80 kg Ganja from the possession of applicant No. 1 and 4.90 kg of Ganja from applicant No. 2. Based on this, offence has been registered. Present applicants have been taken into custody on 27.03.2019.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicants have no previous criminal antecedent. The applicants are in jail since 27.03.2019, there is no likelihood of their case being decided in near future, therefore, the present appellants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicants are in jail since 27.03.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L.Sahu