Mahesh Singh & ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8131 of 2018

1. Mahesh Singh S/o Charan Singh Aged About 20 Years R/o Village Madneshwarpur, Bazarpara, Police Station & Tahsil Ramanujnagar, District Surajpur Chhattisgarh.

2. Vijay Rajwade S/o Babulal Rajwade Aged About 33 Years R/o Village Madneshwarpur, Bazarpara, Police Station & Tahsil Ramanujnagar, District Surajpur Chhattisgarh.

--- Petitioners

Versus

State of Chhattisgarh through the Station House Officer, Police of Police Station Ramanujnagar, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh --- Respondent For the applicants : Mr. Anil Gulati, Advocate For the Respondent : Mr. D. R. Minj, Dy. Govt. Advocate.

Hon'ble Shri Justice GOUTAM BHADURI Order on Board .11.2018.

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No.142/2018 registered at P.S. Ramanujnagar, Distt. Surajpur (C.G) for the offence punishable under Section 20(B) of the Narcotic Drugs & Psychotropic Substances Act.

2. As per the prosecution case, on receipt of secret information through the informer on 01.09.2018, a raid was conducted wherein 1.998 Kgs of Ganja was recovered from the joint possession of the applicants.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case as no seizure was made in person from them and a false case has been implanted against them. He further submits that the charge sheet has been filed and no further investigation is

necessary, therefore, they may be released on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the case diary documents. Considering the facts and circumstances of the case as also the fact that the charge sheet has been filed and the applicants are in jail since 01.09.2018 and further looking to the quantity of Ganja allegedly recovered from the applicants, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.

Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o