High Court Of ChhattisgarhMCRC/6095/2019allowed

Subhanshu Pandey v. State Of Chhattisgarh

2019-11-19Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6095 of 2019 • Subhanshu Pandey, S/o Shri Prakash Kumar Pandey, Aged About 19 Years, R/o Village Shivpurva Raipur Karchuliyan, District- Rewa (M.P.).

---- Applicant

Versus

• State Of Chhattisgarh, Through Police Station, Durg, District Durg (C.G.).

---- Respondent For Applicant : Mr. Aman Yadav on behalf of Mr.

B.P. Singh, Adv.

For Respondent/State : Mr. Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19.11.2019

1. 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. 673/2019 registered at Police Station Durg, Distt. Durg (C.G.) for the offence punishable under Section 20 (ii) (B) of the N.D.P.S. Act.

2. The prosecution story, in brief is that, on 22.07.2019, police has got information that the three persons are sitting in the bus stand Durg who have separate bag and upon that information police came there and found that applicant along with two persons have possession of Ganja and from the present applicant 10 KG Ganja was seized. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in jail since 22.07.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 22.07.2019 and 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.

7. 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