Neeraj Gupta & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5485 of 2018

1. Neeraj Gupta S/o Ramesh Sah Aged About 32 Years R/o- VillageMohanpur, Post- Basantpur, Police Station- Mofasil, District- Ara Bhojpur (Bihar).

2. Pankaj Sao S/o Dadan Sao Aged About 28 Years R/o- Village- Mokhlisa, Post- Giddha, Police Station- Koilawar, District- Ara Bhojpur (Bihar).

3. Vikas Sao S/o Mukti Sao Aged About 23 Years R/o- Village- Songhatta, Post- Sakaddi, Police Station- Koilawar, District- Ara Bhojpur (Bihar).

4. Chandan Sao S/o Ukti Sao Aged About 23 Years R/o- Village- Songhatta, Post- Sakaddi, Police Station- Koilawar, District- Ara Bhojpur (Bihar). ---- Applicants

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationRajpur, District- Balrampur-Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh ---- Respondent For Applicants :

Shri Dharmesh Shrivastava, Advocate For State/Respondent :

Shri Bhaskar Payasi, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Order on Board 03/10/2018 1.

The applicants have preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 169/2017 registered at Police StationRajpur, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 20 (B) (II) (C) of the NDPS Act. 2.

As per prosecution story, on 08/12/2017, on the basis of information received from an informant, police personnels searched the vehicle bearing registration No. WB/02/Y/3536, wherein, 69 kgs of ganja has been found from the dicky of the said vehicle and seized from the joint

possession of the present applicants. Offence has been registered and the applicants have been arrested on 08.12.2017. 3.

Learned counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that the applicants have no criminal antecedents, they are in custody since 08.12.2017, charge-sheet has been filed and trial will take some time. Therefore, they may be released on bail.

4.

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

5.

Considering the entire facts and circumstances of the case, particularly considering the fact that the applicants have no criminal antecedents, they are in custody since 08/12/2017, charge-sheet has already been filed and the trial will likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

6.

Accordingly, the bail application is allowed. 7.

It is directed that the applicant shall be released on bail on each of them executing a personal bond for a sum of Rs. 10,00,000/- with two local solvent sureties each of Rs. 5,00,000/- to the satisfaction of the trial Court for their appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash