High Court Of ChhattisgarhMCRC/6245/2018allowed

Sonu Kumar Gond v. State Of Chhattisgarh

2018-09-26Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6245 of 2018 • Sonu Kumar Gond, S/o Shri Ranjit Prasad alias Ranjan Kumar, aged about 20 years, R/o Saakin-Bihiya, Ward No. 01, Police Station, Post Office and Tehsil-Bihiya, District-Bhojpur, Bihar. ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station Kondagaon District Kondagaon (C.G.) ---- Respondent For Applicant : Shri Saurabh Jain, Advocate.

For Respondent/State : Shri Anil Pandey, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 26/09/2018

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. 259/2017, registered at Police Station Kondagaon (C.G.) for the offence punishable under Section 20 (b) of the NDPS Act, 1985.

2. As per the prosecution story, on 23.11.2018, on the basis of information received from an informant, vehicle Innova car bearing registration no. MH 04 DR 4592 was searched by the police personnels and total 81.950 contraband cannabis was found which was seized from the joint possession of the present applicant and the other co-accused persons namely Sunil Jaiswal and Abdul Hamid Husaain and they have been arrested on 24-11-2017.

3. Learned counsel appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that the co-accused Sunil Jaiswal has

already granted benefit of bail by this Court vide order dated 17-072018 passed in M.Cr.C. No. 4879/2018, present applicant is in custody since 24-11-2017, charge-sheet has already been filed and trial will take some time. Therefore, applicant 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.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the other co-accused Sunil Jaiswal has already granted benefit of bail by this Court, present applicant is in custody since 24-11-2017 and trial will likely to take some time, without further commenting on merits 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. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham