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High Court Of ChhattisgarhMCRC/6995/2019allowed

Suraj Surya & ANR. v. State Of Chhattisgarh

2019-12-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6995 of 2019

1. Suraj Surya & Anr. S/o Late Shri Ranjeet Surya Aged About 25 Years R/o Village - Maudahapara, Police Station - Maudahapara, Civil And Revenue District - Raipur Chhattisgarh.,

2. Ku. Komal Surya D/o Late Shri Ranjeet Surya Aged About 19 Years R/o Village - Maudahapara, Police Station - Maudahapara, Civil And Revenue District - Raipur Chhattisgarh., ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Komakhan, District - Mahasamund Chhattisgarh., ---- Respondent For Applicants : Shri Sumit Shrivastava, Advocate For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 16/12/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.153/2019 registered at police station Komakhan, District Mahasamund (CG) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act.

As per prosecution case, after receiving secret information, the police party apprehended and seized 7 kgs. of ganja from the possession of the applicants.

Counsel for the applicants submits that the applicants are innocent and they have been falsely implicated. He submits that the applicants are in jail since 29.09.19 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore they may be released on bail.

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

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicants, I am inclined to release them on bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond of Rs. 50,000/- each with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, they shall be released on bail. Sd/- (Rajani Dubey) Judge suguna