Iswar Badait & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6845 of 2019

1. Ishwar Badait S/o Lalit, aged about 26 years, resident of village Khemdikhul Thana and Tahsil - Patpur, District Gajam (Odisha)

2. Mayadhar S/o Surendra Behara, aged about 26 years, resident of village Sikari, Thana Hijarikadu, Tahsil and District - Gajam (Odisha)

3. Dandipani Mandal S/o Juriya Mandal, aged about 22 years, resident of village Sitapali Thana Patpur, District - Ganjam (Odisha) ---- Applicants

Versus

• State of Chhattisgarh, Through : Station House OfÏcer, Police Station - Singhoda, District Mahasamund (C.G.) ---- Respondent For Applicants :

Shri Vikash Pradhan, Advocate For Respondent :

Shri Vinod Tekam, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /12/2019 1.

The applicants have preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are arrested in connection with Crime No.88/2019, registered at Police Station - Singhoda, District Mahasamund (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act. 2.

The prosecution story, in brief, is that the police of police station Singhoda, acting on a tip-off, seized 48.00 kg contraband article cannabis from the joint possession of the applicants. Based on this, offence has been registered against the applicants. Present applicants have been taken

into custody on 02.07.2019.

3.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that mandatory provisions of the NDPS Act has not been complied with in its letter and spirit. He further submits that the applicants are in custody since 02.07.2019, charge sheet has been filed and there is no likelihood of their case being decided in near feature. Therefore, they may be released on bail.

4.

On the other hand, learned State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances of the case, in particular the quantity of ganja, and further considering the fact that the applicants are in custody since 02.07.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicants shall be released on bail on their executing a personal bond for a sum of Rs.50,000/- -Rs.50,000/- each with one local surety for the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge pekde