Balkishor Yadav & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6849 of 2019
1. Balkishor Yadav S/o Vijay Singh Aged About 25 Years Resident Of Village Bhander Chungi Road, Datiya, Thana Civil Line, Datiya District - Datiya Madhayapradesh.....(In Jail), District : Datia, Madhya Pradesh
2. Vikram Yadav @ Vicky S/o Santosh Yadav Aged About 21 Years Resident Of Village Bhander Chungi Road, Datiya, Thana Civil Line, Datiya District Datiya Madhaya Pradesh....(In Jail), District : Datia, Madhya Pradesh
3. Dharmendra Parihar S/o Jagat Parihar Aged About 20 Years Resident Of Village Bhander Chungi Road, Datiya, Thana Civil Line, Datiya District Datiya Madhaya Pradesh....(In Jail), District : Datia, Madhya Pradesh ---- Applicants
Versus
• State Of Chhattisgarh Through Station House OfÏcer, Police Station - Basna, District - Mahasamund Chhattisgarh...(Non Applicant), District : Mahasamund, Chhattisgarh ---- Respondent For Applicants :
Shri Vikash Pradhan, Advocate.
For Respondent :
Shri Wasim Miyan, P.L.
In compliance of earlier order, A.S.I. Shiv Kumar Prasad, P.S. Basna, District Mahasamund is present before this Court. Hon'ble Smt. Justice Rajani Dubey Order on Board 19/12/2019
1. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.395/2019 registered at Police Station - Basna, District Mahasamund (C.G.) for the offence punishable under Sections 20 (B) of the N.D.P.S. Act.
2. It is the case of the prosecution that on a secret information, the
police has seized 29kg and 600 gms of ganja from the conscious possession of the applicants.
3. 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 12.8.2019 and the trial is likely to take some time for its final disposal, they 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 quantity of ganja seized from the possession of the applicants and that the applicants are in jail since 12.8.2019, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.
6. 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.
7. Certified copy, as per rules.
Sd/ (Rajani Dubey) Judge sunita