Kishore Das Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8710 of 2020

1. Kishore Das Manikpuri, S/o Darshan Das Manikpuri, Aged About 44 Years, R/o Sonadula, Police Station Malkharoda, District Janjgir-Champa, Chhattisgarh.

2. Ravi Shrivas, S/o Shri Jogi Shrivas, Aged About 32 Years, R/o Sonadula, Police Station Malkharoda, District Janjgir-Champa, Chhattisgarh.

(The description of the applicants are mentioned as per bail application which was filed before the learned Court below). ---- Applicants

Versus

• State of Chhattisgarh, Through Station House Officer, Outpost Manikpur, Police of Police Station Kotwali, District Korba, Chhattisgarh.

---- Non-applicant/Respondent For Applicants : Mr. Anil Gulati, Advocate.

For Non-Applicant/State : Ms. Ishwari Dhritlahare, P. L.

Hon'ble Smt. Justice Rajni Dubey Order On Board 01.04.2021 1.

The accused/applicants have preferred this first bail application under Section 439 of Criminal Procedure Code, 1973 for releasing them on regular bail during trial in connection with Crime No. 922/2020 registered at Police Station Outpost Manikpur, P. S. Kotwali, Korba, District Korba (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985. 2.

The prosecution story, in brief is that, on the basis of informant's information received on 29.10.2020, 2.00Kg and 450 gms of contraband article i.e. Ganja has been seized from

the possession of the applicants, which they were carrying on their pulsar bike. Thereafter, offence has been registered against the presents applicants.

3.

Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the crime in question. He further submits that the applicants are in jail since 29.10.2020, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

4.

On the other hand, counsel for the State opposes 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, the applicants are in jail since 29.10.2020 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 applicants on bail. Accordingly, the bail application is allowed.

7.

Accused persons/Applicants are directed to be released on bail on their executing a personal bond in the sum of Rs.50,000/-each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajni Dubey) Judge Amita