High Court Of ChhattisgarhMCRC/6931/2018allowed

Aajam Ali v. State Of Chhattisgarh

2018-10-26Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6931 of 2018 • Aajam Ali, S/o Ali Haidar, aged about 21 years, R/o Kashim Vihar, P.S. Loni, Ghaziabad, Uttar Pradesh.

---- Applicant

Versus

• State of Chhattisgarh Through Police Station - Bodhghat, Jagdalpur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Vikash A. Shrivastava, Advocate.

For Respondent/State : Smt. Smita Ghai, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 26/10/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 208/2015, registered at Police Station - Bodhghat, Bastar, (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. Act.

2. As per the prosecution story, on 31.07.2015, on the basis of information received from an informant, police personnels searched the Applicant and total 20 kg of contraband ganja has been seized from his possession and he has been arrested on 31.07.2015.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that the Applicant has no criminal antecedent, he is in custody since 31.07.2015 i.e. for more than three years. Charge-sheet has already been filed before the Trial Court and trial is going on. He also submits that both the seizure witnesses have not supported the case of the prosecution. Looking to the detention period of the

Applicant and considering the fact that trial is likely to take some time, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant has no criminal antecedent, he is in custody since 31.07.2015 i.e. for more than three years and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash