Hiradhan Painkra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9070 of 2020 • Hiradhan Painkra, S/o Shri Subraj, Aged About 34 Years, CastKanwar, R/o Village Patiyadand, Police Station- Jhilmili, Tehsil Bhaiyathan, District Surajpur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Jhilmili, District- Surajpur Chhattisgarh.

---- Respondent For Applicant : Mr. Surfaraj Khan, Adv.

For Respondent/State : Mr. Samir Uroan, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06.04.2021

1. Heard.

2. 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. 121/2020 registered at Police Station- Jhilmili, District- Surajpur (C.G.) for the offence punishable under Section 20 (A) of the N.D.P.S. Act.

3. The prosecution story, in brief is that, on 17.11.2020, on the basis of secret information, police intercepted the accused person and seized one plant of Ganja from the possession of present applicant. Thereafter, offence has been registered against the present applicant.

4. 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 applicant has no previous criminal record. He next added that the applicant is in jail since 17.11.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on

bail.

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

6. I have heard learned counsel for the parties and perused the records.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant has no antecedent, the detention period of the applicant, 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.

8. 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 Ruchi