Sadanand Bhoi & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4345 of 2019 • Sadanand Bhoi & Ors. S/o Shri Baignu Bhoi Aged About 32 Years , District : Balangir, Orissa • Sameera Sahu S/o Kishore Sahu Aged About 26 Years R/o Kendubhatha Police Station Gaislat District Bargarh Odisa Civil And Revenue District Bargarh Odisa.
• Kamal Lochan S/o Kulesh Kevat Aged About 22 Years R/o Saraipali Police Station Beltulri District Nuapada Odisa Civil And Revenue District Nuapada Odisa ---- Applicants
Versus
• State Of Chhattisgarh Through Police Station Chura District Gariabandh Chhattisgarh., ---- Respondent For Applicants : Shri Ajay Mishra, Advocate For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 24/10/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 95/2019 registered at police station Chura, District Gariyaband (CG) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act.
As per prosecution case, applicant No.1 was carrying 14 kgs. 700 grams of ganja in Tata sumo vehicle whereas the applicant No.2
and 3 were carrying 7 kgs. Of ganja in a Bolero vehicle for selling. Counsel for the applicants submits that the applicants have been falsely implicated in the crime. He submits that the ingredients of alleged offence is not attracted against the applicants and the trial may take some time for its disposal and therefore they may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants furnishing a personal bond of Rs. 1,00,000/- with one surety each in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail. Sd/- (Rajani Dubey) Judge suguna