High Court Of ChhattisgarhMCRC/6972/2019allowed

Ajay Yadav v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6972 of 2019 • Ajay Yadav S/o Govind Yadav Aged About 25 Years Caste - Raut R/o Ward No. 6 Nayapara Mahasamund, Thana, Tahsil And District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station - Mahasamund, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondent For Applicant :

Shri Vikash Pradhan, Advocate.

For Respondent :

Shri Vinod Tekam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16/12/2019

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.385/2019, registered at Police Station - Mahasamund, 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 30.9.2019, on secret information, police has recovered 10 kg Ganja (cannabis) from the possession of the applicant. On the basis of above, offence has been registered and the applicant was arrested.

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. He submits that as the applicant is in custody since 30.9.2019 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 and the detention period of the applicant, 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.50,000/- with one local surety 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