High Court Of ChhattisgarhMCRC/6537/2019allowed

Dharmendra Singh And ANR. v. State Of Chhattisgarh

2019-12-02Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6537 of 2019

1. Dharmendra Singh S/o Bihari Lal Singh Aged About 22 Years By Caste - Patel, R/o Village Choukhda, Police Station Janesh District - Rewa ( M.P.), District : Rewa, Madhya Pradesh

2. Shiv Sagar Singh S/o Ajayab Lal Aged About 22 Years By Caste Kurmi, R/o Village Choukhda, Police Station - Janeh, District - Rewa ( M. P.), District : Rewa, Madhya Pradesh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Chowki Bastar Police Station - Kotwali, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent MCRC No. 7295 of 2019 • Sanjay Kumar Singh S/o Ram Bahadur Singh Aged About 30 Years By Caste Kshatriya, R/o Village Semradh, Police Station Sitamadi, District Bhadohi (U.P.), Uttar Pradesh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Chowki Bastar, Police Station Kotwali, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicants :

Shri Nitesh Shrivas, Advocate For Respondent :

Shri Wasim Miyan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02/12/2019

1. As both the MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

2. The accused/applicants have moved these bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.299/2019 registered at Police Station - Chowki Bastar, Police Station Kotwali, District Bastar(C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs & Psychotropic Substances Act.

3. It is the case of the prosecution that on the basis of secret information, the police has recovered total 25 kg ganja from the conscious possession of the applicants.

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question and mandatory provisions of the N.D.P.S. Act have not been complied with. He further submits that as the applicants are in custody since 30/5/2019 and the trial is likely to take some time for its final disposal, they may be released on bail.

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

6. Considering the facts and circumstances of the case, in particular, the quantity of ganja seized from the possession of the applicants and that the applicants are in jail since 30.5.2019, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on

bail on each of them furnishing a personal bond in sum of Rs.50,000/- with two local sureties each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita