High Court Of ChhattisgarhMCRC/6069/2019allowed

Gonet Papaiya v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6069 of 2019 • Gonet Papaiya S/o Kanna Aged About 50 Years R/o Vijaya Nagar Bijapur, District Bijapur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Bijapur, District Bijapur, Chhattisgarh.

---- Respondent _________________________________________________________ For Applicants : Mr. P. R. Patankar, Advocate.

For Respondent/State : Mr. Vinod Kumar Tekam, PL.

Hon'ble Smt. Justice Rajani Dubey Order On Board 19/11/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he arrested in connection with crime No. 64/2019 registered at Police Station - Bijapur, District Bijapur (C.G.) for the offence punishable under Section 20 (B) of NDPS Act.

2. According to the prosecution story, on 16.07.2019 on the basis of information received from an informant, Police Personnel searched the house of the applicant and seized total 02.50 Kg. contraband article cannabis (Ganja) from the possession of applicant. Thereafter, the applicants has been arrested.

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 is in custody since 16.07.2019. He has no previous antecedent and trial will take some time, therefore, 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.

6. Considering the facts and circumstances of the case, the detention period of the applicant, and further considering that the 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. 50,000/-, with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu