High Court Of ChhattisgarhMCRC/4936/2019allowed

Dullabh @ Rahul Tandi v. Sate Of Chhattisgarh

2019-08-07Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4936 of 2019 Dullabh @ Rahul Tandi, S/o Madhav Tandi, Aged About 32 Years, R/o Poyar, Police Station-Komna, District - Nuapada, Orissa, ---- Applicant

Versus

Sate of Chhattisgarh, Through Station House Officer, Police Station Bhilai Bhatthi, District : Durg, Chhattisgarh ---- Respondent For Applicant : Shri B.P. Singh, Advocate.

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

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is 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 the basis of information received from the informant, the police of the police station Bhilai, District - Durg, searched the present applicant and seized 2.800 kg Ganja from his possession. The Applicant has been arrested on 28.04.2019.

3. Learned Counsel appearing on behalf of the Applicant submits

that applicant is innocent and he has been falsely implicated in the present case. He further submits that charge-sheet has already been filed and trial will likely to take some time, therefore, he may be 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 applicant is in custody since 28.04.2019 and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

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

Sd/- (Rajani Dubey) Judge yasmin