High Court Of ChhattisgarhMCRC/4570/2019allowed

Pratap Sailik v. State Of Chhattisgarh

2019-08-06Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4570 of 2019 • Pratap Sailik S/o Tularam Sailik, aged about 20 years, R/o Village- Khapari Police Station- Kumhari, District Durg (C.G.) ---- Appellant

Versus

• State of Chhattisgarh, through Police Thana Arang- district Raipur(C.G.) ---- Respondent For Applicant :

Shri Sanjay Agrawal, Adv.

For Respondent :

Shri Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06.08.2019

1. The accused/applicant has moved this bail application under Section 439 of Criminal Procedure Code, 1973, for releasing him on regular bail during trial in connection with Crime No. 337/2019 registered at Police Thana Arang district Raipur(C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs & Psychotropic Substance Act.

2. The prosecution story, in brief, is that on 10.06.2019, accused was arrested carrying 5 Kg. contraband article cannabis (Ganja) in his possession for selling, by the Honda Motorcycle bearing No. CG 07 HB 4439. FIR was registered against the applicant under Section 20(B) of NDPS Act.

3. Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. The police has arrested the applicant only on the suspicion basis. He is in jail since10.06.2019, therefore, the present appellant 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 applicant is in jail since 10.06.2019 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 applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu