High Court Of ChhattisgarhMCRC/7258/2019allowed

Salauddin Ansari v. State Of Chhattisgarh

2020-01-07Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7258 of 2019 • Salauddin Ansari S/o Mohd. Alauddin Ansari, Aged About 70 Years R/o Mouharpara, Manendragarh, Tahsil Manendragarh, District - Koriya Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Manendragarh, District - Koriya Chhattisgarh. (Wrongly Mentioned Police Station - Baikunthpur).

---- Respondent For Applicant :

Mr. Anil Gulati, Advocate.

For Respondent :

Mr. Vinod Kumar Tekam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.01.2020 • 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. 275/2019 (wrongly mentioned as Crime No. 275/2018 in certified copy) registered at Police Station - Manendragarh, District Koriya (C.G.) for the offence punishable under Section 20(B) of NDPS Act.

• According to the prosecution story, on the basis of information received from an informant, Police Personnel searched and seized total 1.350 Kg.

• contraband article cannabis (Ganja) from the possession of applicant and other co-accused. Thereafter, the applicant has been arrested.

• Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated

in the case. He further submits that the applicant is in custody since 26.09.2019, since, the trial will take some time, he may be released on bail.

• Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that there are three previous antecedents registered against the applicant out of them one is relating to NDPS Act, which shows that the applicant is habitual offender.

• I have heard learned Counsel for the parties. • Considering the facts and circumstances of the case, the detention period of the applicant, and further considering the fact that trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 1,00,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu