High Court Of ChhattisgarhMCRC/5217/2019allowed

Kabiraj Bibar v. State Of Chhattisgarh

2019-11-05Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5217 of 2019 • Kabiraj Bibar S/o Duli Bibar Aged About 28 Years, R/o Village Gerengaguda, Thana Chandrapur, District-Raygada, Odisha. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Khallari, District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant :

Ms. Pushplata Khalkho, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 05.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 144/2019 registered at Police Station Khallari, DistrictMahasamund (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs Psychotropic Substance Act.

2. The prosecution story, in brief is that, on 25.07.2018, on the basis of information, police personnel searched and seized 3 kg Cannabis (Ganja) from the possession of present applicant. Based on this, offence has been registered. Present applicant has been taken into custody on 25.07.2019.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in

question. He further submits that the applicant has no previous antecedent. The applicant is in jail since 25.07.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 25.07.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L.Sahu