Krishna Kumar And ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR
1. Krishna Kumar S/o Satyendra Singh Aged About 21 Years Caste Ahir, R/o Village Gajra, Police Station Gourkshani, Sasaram, District Rahetas, Bihar.
2. Ravi Kumar S/o Manoj Kumar Aged About 21 Years Caste Bramhan, R/o Village Sisirit, Police Station Agret, District Rohtas, Bihar.
3. Vikar Kumar S/o Late Ravindra Aujha Aged About 22 Years Caste Bramhan, R/o Village Behra, Police Station Kargahar, District Rohtas, Bihar.
---- Applicants
Versus
• State of Chhattisgarh Through Station House OfÏcer, Police Station Kunkuri, District Jashpur, Chhattisgarh. ---- Respondent For Applicants :- Mr. Ashutosh Verma, Advocate For Respondent-State:- Mr. Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 20/01/2020 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.30/2019 registered at Police Station - Kunkuri, District Jashpur (C.G.) for the offence punishable under Section 20(B) of the NDPS Act.
2.The prosecution story, in brief, is that on 05.03.2019 police was informed by the informant that the applicants were kept illegal contraband Ganja in their vehicle to sell at open place ad police has seized 129 kg 250 gm from the place of incident. Based on this, offence has been registered. The present applicants have been taken into custody on 05.03.2019.
3.Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the seizure memo witnesses are hostile and he next submits that the present applicants are in jail since 05.03.2019, they are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, the present applicants may be released on bail.
4.On the other hand State counsel strongly opposes the bail application.
5.I have heard learned counsel for the parties and perused the entire material available on record. 6.Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the present
applicants are in jail since 05.03.2019 and as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.
7.Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 1,00,000/- each with one local surety in the like sum to the satisfaction of the trial Court. Applicants are directed to appear before the said Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge Ankit