Manan Sao & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5747 of 2019

1. Manan Sao & Ors. S/o Late Narayan Sao, Aged About 55 Years R/o Bhopatpur, Police Station Koilvar, District Bhojpur, Bihar,

2. Rajendra Paswan @ Bajaru S/o Gandhi Paswan Aged About 24 Years R/o Dumariya, Police Station Koilvar, District Bhojpur, Bihar,

3. Dev Kumar Pandey S/o Ramnath Pandey Aged About 25 Years R/o Shivnagar, Birampur, Police Station Koilvar, District Bhojpur, Bihar ----Applicants

Versus

• State Of Chhattisgarh Through Police Station Darima, District Surguja, Chhattisgarh.

---- Respondent For Applicants :

Mr. Amarnath Pandey, Advocate.

For Respondent :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22/11/2019 • 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.167/2018 registered at Police Station - Darima, District Surguja (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B of IPC and Section 20(C) NDPS Act.

• It is the case of the prosecution that, on 25.12.2018, on the basis of secret information, police personnel searched the vehicle No. UP 61 E 5621 and seized total 51.00 KG contraband cannabis (Ganja) from the possession of applicants. Thereafter, offence has been registered against

the applicants and the applicants have been arrested. • Learned counsel for the applicant submits that the applicants have been falsely implicated in the crime in question. He further submits that as the applicants are in custody since 25.12.2018 and the trial is likely to take some time for its final disposal, they may be released on bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned Counsel for the parties. • Taking into consideration the nature and gravity of the offence, detention period of the applicants facts and circumstances of the case, the fact that the offence is triable by Judicial Magistrate and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- each, with one local surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu