Sumit Sharma & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5643 of 2019

1. Sumit Sharma S/o Shri Blaster Sharma Aged About 30 Years R/o Hathwala Gound, House No. 102, Block 2, Police Station Samlaka, District Sonipath, (Haryana),, District : Sonipat, Haryana

2. Vikas @ Vishal S/o Shri Dilbir Singh Aged About 24 Years R/o Rakhseda, District Sonipath (Haryana)., District : Sonipat, Haryana ---- Applicants

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Mardum, District Jagdalpur, Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicants :

Shri Ishan Verma, Advocate.

For Respondent :

Shri Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board /10/2019

1. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.08/2019 registered at Police Station - Mardum, District Bastar-Jagdalpur (C.G.) for the offence punishable under Sections 20 (B) of the N.D.P.S. Act, 1985.

2. It is the case of the prosecution that on the basis of secret information, the police has recovered total 5.500 kg ganja from the conscious possession of both the applicants.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question and mandatory provisions of the N.D.P.S. Act have

not been complied with. He further submits that as the applicants are in custody since 14.7.2019 and the trial is likely to take some time for its final disposal, they may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular, the quantity of ganja seized from the possession of the applicants and that the applicants are in jail since 14.7.2019, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.1,00,000/- with two sureties each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

7. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita