Nandkumar @ Nandu Dewar And Another v. State Of Chhattisgarh,
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.6710 of 2020
1. Nandkumar @ Nandu Dewar S/o Sewaram Dewar, Aged About 21 Years R/o Village Jevra Sirsa, Police Station Pulgaon, District - Durg Chhattisgarh. Present Address Dewarpara Kawardha, Police Station - Kawardha, District - Kabirdham Chhattisgarh.
2. Surendra @ Suresh Nikhare S/o Varlu Nikhare, Aged About 39 Years R/o Village Jevra Sirsa, Police Station Pulgaon, District - Durg Chhattisgarh. Present Address Dewarpara Kawardha, Police Station - Kawardha, District - Kabirdham Chhattisgarh. ---- Applicants
Versus
• State Of Chhattisgarh, Through - Station House Officer, Police Station - Kawardha, District - Kabirdham Chhattisgarh. ---Non-applicant For Applicant : Shri Dharmesh Srivastava, Advocate For Non-applicant : Shri Ayaz Naved, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12.10.2020.
1.
Proceedings of this matter have been taken up through Video Conferencing.
2.
The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for release of them on regular bail during trial in connection with Crime No. 430 of 2020, registered at Police Station Kawardha, Distt. Kabirdham (CG) for
the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3.
Case of the prosecution, in brief, is that, 05.400 Kg ganja was recovered from the possession of the present applicants and thereby committed the aforesaid offence.
4.
Learned counsel for the applicants submits that the applicants have not committed any offence and they have falsely been implicated in crime in question. They are in jail since 21.8.2020 and trial is likely to take time for its conclusion.
5.
On the other hand, learned counsel for the State opposes the bail application.
6.
I have heard counsel appearing for the parties and perused the case diary.
7.
Taking into consideration the facts & circumstances of the case, nature and gravity of offence, pre-trial detention of the applicants and considering that quantity of narcotic drugs recovered from the applicants which is slightly more than small quantity but less than the commercial quantity, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail. 8.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is 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 ₹ 25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. 10.
It is made clear that if the applicants have already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.3.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Motu Writ Petition (C) No.1/2020), they need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if they have not furnished bail bonds earlier, then they will be required to furnish bail bonds. Sd/- (Sanjay K. Agrawal) JUDGE Bini