Narendra Banchhor And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5744 of 2018

1. Narendra Banchhor, S/o Chetra @ Chetra Banchhor, Aged About 20 Years, R/o- Barkani, P.S. Bangomuda, District : Balangir, Orissa

2. Pradeep Banchhor, S/o Netra Banchhor, Aged About 22 Years, R/o- Barkani, P.S. Bangomuda, District : Balangir, Orissa ---- Applicants

Versus

State of Chhattisgarh, Through- Station House Officer, Fingeshwar, District : Gariyaband, Chhattisgarh ---- Respondent For Applicants : Shri S.K. Guha, Advocate.

For Respondent/State : Shri S.R. J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 06/09/2018

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. 80/2018, registered at Police Station Fingeshwar, District-Gariyaband (C.G.) for the offence punishable under Section 20 B of Narcotic Drugs and Psychotropic Substances Act.

2. As per prosecution story on 01.06.2018, on the basis of information received from the informant Police parties conducted a raid on being searched the applicants were found in joint possession of 3.900 Kilograms of contraband Ganja. From

applicant No.1 Narendra Banchhor 2 Kilograms Ganja was recovered and from Applicant No.2 Pradeep Banchhor 1.900 Kilograms Ganja. Offence has been registered and the applicants were arrested on 01.06.2018.

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 there is no previous history of the applicants and charge-sheet 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 01.06.2018 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. 20,000/- 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/- (Arvind Singh Chandel) Judge yasmin