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High Court Of ChhattisgarhMCRC/4577/2019allowed

Naushad Ali (Wrongly Mentioned As Naushad) And ANR. v. State Of Chhattisgarh

2019-08-07Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4577 of 2019

1. Naushad Ali, (Wrongly Mentioned As Naushad), S/o Shri Yaad Ali, Aged About 22 Years, R/o Birralee, Police Station Sarpath, District : Jaunpur, Uttar Pradesh

2. Akhtar Ali, S/o Shri Sharif Ahemed, Aged About 22 Years, R/o Bhaselee, Police Station Sarpatha, District : Jaunpur, Uttar Pradesh ---- Applicants

Versus

• State of Chhattisgarh, Through Police Station Khamtarai, District : Raipur, Chhattisgarh ---- Respondent For Applicants.

:

Shri Pragalbha Sharma, Advocate.

For Respondent.

:

Shri Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/08/2019 1.

The applicants have filed this First bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are arrested in connection with Crime No.290/2019 registered at Police Station : Khamtarai, District - Raipur (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

As per the prosecution case, on the basis of information received from the informant police party raided and searched the present applicants and seized total 3.175 kgs Ganja from their possession. The offence has been registered against the applicants and they are in custody since 06.06.2019. 3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case.

He further submitted that the applicants are in custody since 06.06.2019 and trial will likely to take some time, therefore they may be released on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, and the fact that the applicants are in custody since 06.06.2019 and trial will take some more time, this Court is of the opinion that it is a fit case to release the applicants on bail.

7.

Accordingly, the application is allowed.

8.

It is directed that the accused/applicants shall be released on bail on their furnishing a personal bond of Rs.50,000/- to each with two local sureties for the like sum to the satisfaction of the concerned Court for their appearance before it as and when directed.

Sd/- (Rajani Dubey) Judge yasmin