Gopichand Kumhar & Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7922 of 2020

1. Gopichand Kumhar S/o Bhulku Kumhar, Aged About 38 Years Cast Ganda, R/o Village Kasturabahal, P.S. Singoda, District Mahasamund Chhattisgarh.

2. Ranjit Das S/o Bramha Das Chaurasiya, Aged About 28 Years R/o Village Guthanipali, P.S. Singoda, District Mahasamund Chhattisgarh.

3. Sudam Yadav S/o Nityanand Yadav, Aged About 36 Years R/o Village Guthanipali, P.S. Singoda, District Mahasamund Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Singhoda, District Mahasamund Chhattisgarh.

---- Respondent For Applicants :

Mr. Vikas Pradhan, Advocate.

For Respondent :

Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 22.03.2021 • The applicants have filed this bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 83/2020 registered at Police Station : Singhoda, District Mahasamund (C.G.) for the offence punishable under Section 20 (B) of NDPS Act • According to the prosecution story, Police Personnel searched and seized total 22 kg. contraband article cannabis (Ganja) from the possession of the applicants.

• Learned counsel appearing on behalf of the applicant would submit that the applicants are innocent and have

been falsely implicated in the case. He would further submit that prosecution witnesses have been examined before the trial Court and they have not supported the prosecution case. The applicants are in custody since 04.10.2020 and they are ready to furnish adequate surety and shall abide by all the conditions and directions imposed upon them, therefore, they may be released on bail.

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

• I have heard learned Counsel for the parties. • Considering the facts and circumstances of the case, nature and gravity of the offence & statements of the prosecution witnesses before the trial Court, as the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- each, with one local surety for the like sum amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge V/-