Ramavtar & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4775 of 2019

1. Ramavtar . S/o Khushan Suryavanshi Aged About 57 Years , District : Bilaspur, Chhattisgarh

2. Yogendra S/o Ramavtar Aged About 22 Years R/o Village Beeja, Thana Takhatpur, District Bilaspur Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Takhatpur, District Bilaspur Chhattisgarh.

---- Respondent For Applicants : Shri Vikas Pandey, Advocate For Respondent/State : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 19/08/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 212/2019 registered at police station Takhatpur, District Bilaspur (CG) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act.

As per case of the prosecution, on receiving secret information search was made and 6 kgs. of ganja was seized from the possession of the applicants.

Counsel for the applicants submits that the applicants have

been falsely implicated in the crime and the seized contraband was recovered from an open place. He submits that the ingredients of alleged offence is not attracted against the applicants and the trial may take some time for its disposal and therefore they may be released on bail.

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

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants furnishing a personal bond of Rs. 50,000/- with one surety each in the like sum to the satisfaction of the concerned court for heir appearance before it as and when directed, they shall be released on bail. Sd/- (Rajani Dubey) Judge suguna