Ramesh Tandi & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4588 of 2019

1. Ramesh Tandi, S/o Bada Tandi, Aged About 29 Years, R/o Jethubali, Police Station Komna, District Nuwapada (Odisha)

2. Khiraud @ Pintu, S/o Shobha Tandi, Aged About 18 Years, R/o Jethubali, Police Station Komna, District Nuwapada (Odisha) ---- Applicants

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station Bhilai Bhatti, District : Durg, Chhattisgarh ---- Respondent For Applicants : Shri Suresh Tandon, Advocate.

For Respondent/State : Shri Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 07.08.2019

1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime no. 74/2019, registered at Police Station Bhilai Bhatti, District-Durg (C.G.) for the offence punishable under Section 20(B)(ii)(b) of Narcotic Drugs and Psychotropic Substances Act.

2. As per prosecution story on 29.04.2019, an information was given to the police station Bhilai, District - Durg, that the present applicant No.1, has possessed 2.900 Kg and applicant No.2 has possessed 1.900 kg. Ganja. Acting on the tip, the police searched the applicants/accused and found the alleged Ganja

from the possession of both the applicants.

3. Learned Counsel appearing on behalf of the Applicants submits that applicant were innocent and they have been falsely implicated in the present case. He further submits that chargesheet has already been filed and trial will likely to take some time, therefore, they may released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

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

6. Considering the above facts and circumstances of the case, particularly considering the fact that charge-sheet has already been filed, the applicants are in custody since 29.04.2019 and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release them on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- to each with one surety for the like amount to the satisfaction of the trial court. Thereafter, they will appear before the Trial Court on each and every date given by the said Court.

Sd/- (Rajani Dubey) Judge yasmin