High Court Of ChhattisgarhMCRC/6719/2019allowed

Bhupendra Singh v. State Of Chhattisgarh

2019-12-09Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6719 of 2019 • Bhupendra Singh S/o Harindra Singh Aged About 34 Years R/o House No. 249/10 Hanshi Gadi, P. S. Sadar District Hariyana, Haryana ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Tongpal, District Sukuma Chhattisgarh, District : Sukuma, Chhattisgarh ---- Respondent For Applicant :

Smt.Kiran Jain, Advocate.

For Respondent :

Ms. Akshara Amit, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09/12/2019

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.27/2019 registered at Police Station - Tongpal, District Sukuma(C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. Act.

2. It is the case of the prosecution that on 27.6.2019, on a secret information, the police has seized 80.50 Kg Ganja (cannabis) from the joint possession of the applicant other coaccused person while they were transporting it in Car No.DL 4CAF 9092.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question and mandatory provisions of the N.D.P.S. Act have not been

complied with and the applicant is not the owner of the vehicle. She further submits that the quantity has been seized from the joint possession of the applicant and other co-accused. She submits that as the applicant is in custody since 27.6.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the applicant is in jail since 27.6.2019, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.1,00,000/- with two local sureites in like sum to the satisfaction of the concerned trial Court for his 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