Deepak Regar & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7561 of 2019

1. Deepak Regar S/o Chadgi Ram Aged About 24 Years R/o Vill Hisar Sanjiyan Mohalla Dhola Kula District - Hisar Police Station City Sadar State Hariyana, District : Hisar, Haryana

2. Dinesh Saini S/o Ramkishan Saini Aged About 24 Years R/o Vill Hisar Sanjiyan Mohalla Dhola Kula District - Hisar Police Station City Sadar State Hariyana, District : Hisar, Haryana ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station - Nagarnaar District - Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicants :

Shri Vikash Pradhan, Advocate.

For Respondent :

Shri Wasim Miyam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16/01/2020

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.136/2019 registered at Police Station - Nagarnaar, District Bastar(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 the basis of secret information, the police has seized 40 kg ganja from the conscious possession of the applicants.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question and mandatory provisions of the N.D.P.S. Act have

not been complied with. He further submits that as the applicants are in custody since 17.5.2019 and the trial is likely to take some time for its final disposal, they 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 quantity of ganja seized from the possession of the applicants and that the applicants are in jail since 17.5.2019, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.50,000/- with two local sureties each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

7. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita