Sunil Ruprao Pawar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4811 of 2019 • Sunil Ruprao Pawar S/o Ruprao Pawar Aged About 22 Years R/o Takarkhed Helga, Police Station- Amandapur, District- Buldhana, Maharastra., District : Buldana, Maharashtra ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- Keshkal, DistrictKondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri R.K. Jain, Advocate For Respondent/State : Shri Anil Tripathi, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 14.8.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.75/2018, registered at Police Station Keshkal, District Kondagaon(CG) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985.

3.

As per the case of prosecution, on 16.7.2018, on the basis of information received from the informant, police officials searched the vehicle of the applicant bearing registration No.MH 30P-2360 going towards Raipur and seized 92,00 kg contraband (Ganja) kept in different packets from the possession of the applicant.

4.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He

further submits that the seizure witnesses have been examined and they have turned hostile and have not supported the case of prosecution. He submits the applicant is in jail since 16.7.2018 and trial will take some time for its final disposal, therefore, the applicant may be released on bail. 5.

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

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, particularly considering that the seizure witnesses have been examined and they have not supported the case of prosecution and the applicant is in jail since 16.7.2018, I am of the opinion that present is a fit case to release the applicant on bail. 8.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.4,00,000/- with two sureties in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita