Pappulal Gurjan And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6809 of 2018 1.

Pappu Lal Gurjan S/o. Keshuji Gurjan, Aged about 26 years, 2.

Bhawarlal Gurjan S/o. Ladulal Gurjan, Aged about 21 years, Both R/o. Village Chandsin, Tahsil Mandal, P.S. Kareda, District Bhilwada, Rajasthan ---- Applicants

Versus

State Of Chhattisgarh Through Police Station Frejarpur, District Bastar, Jagdalpur (C.G.) ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Smt. Kiran Jain, Advocate For Respondent :

Mr. Sanjeev Pandey, Govt. Advocate -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Vimla Singh Kapoor.

Order On Board 11/10/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicants who have been arrested in connection with Crime No. 195/2017 registered at Police Station- Frejarpur, District Bastar, Jagdalpur (C.G.) for the offence punishable under Section 20(B) (2-C) of Narcotics Drugs and Psychotropic Substance Act, 1985.

2. As per prosecution case, the Police personnel of Police Station Frajarpur stopped and searched the Pickup vehicle bearing registration No. G.J.-06/ AU/7530 which was coming from Odisha to Jagdalpur and seized 55 Kg Ganja kept in it.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. She submits that the applicants are in jail since 15.10.2017 and no case is made out against them. Hence, it is prayed that the applicants may be enlarged on bail.

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

5. Considering the fact that the applicants are in jail since 15.10.2017 i.e. about 1 year and also keeping in view the quantity of Ganja in their possession, I am of the view that it is a fit case where the applicants can be released on bail

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like to the satisfaction to the concerned trial Court, for their appearance as and when directed.

Sd/- (Vimla Singh Kapoor) Judge Santosh