High Court Of ChhattisgarhMCRC/7428/2019allowed

Rakesh Kumar Panda & ORS. v. State Of Chhattisgarh

2020-01-13Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7428 of 2019

1. Rakesh Kumar Panda S/o Badrinarayan Aged About 32 Years R/o Village Ruksera Thana Tarma, District Sonpur, Orissa.

2. Ramakant, S/o Mohan Pradhani, Aged About 22 Years R/o Village Jhikidori, Thana Titlagarh, District Balangir Orissa.

3. Saroj Sahu, S/o Jagannath Aged About 45 Years R/o Village Brammoni, Thana Tarbha, District Sonpur, Orissa. ---- Applicants

Versus

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

Mr. Vikas Pradhan, Advocate.

For Respondent :

Mr. Vaibhav K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 13.01.2020 • 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. 160/2019 registered at Police Station - Khallari, District Mahasamund (C.G.) for the offence punishable under Section 20 (B) of NDPS Act.

• It is the case of the prosecution that, on 20.08.2019, on the basis of secret information, police personnel searched the vehicle No. OD 02 AZ 7500 and seized total 50.00 KG contraband cannabis (Ganja) from the possession of applicants. Thereafter, offence has been registered against the applicants and the applicants have been arrested.

• Learned counsel for the applicant submits that the applicants have been falsely implicated in the crime in question. He further submits that as the applicants are in custody since 20.08.2019 and the trial is likely to take some time for its final disposal, they may be released on bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned Counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- each, with one local surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu