Anup Kumar Minj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Anup Kumar Minj S/o Prabhu Minj Aged About 28 Years R/o Kusumi, Balrampur, District Balrampur-Ramanujganj, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh.

---- Respondent For Applicant :- Mr. Soumitra Kesharwani, Adv.

For Respondent-State :- Mr. Vinod Kumar Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 14/01/2020 • 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. 188/2019 registered at Police Station - Rajpur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 21-B of the NDPS Act. • The prosecution story, in brief, is that on 14.08.2019 the police has received secret information from the

informant that someone have transporting the Cough Syrup (Corex) from the bus. Police seized one bag 155 ltr. And another bag 125 ltr. in the cough syrup bottel from the Khalasi. Based on this, offence has been registered. The present applicant and the coaccused have been taken into custody on 14.08.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the looking to the fact the alleged article has been seized in the dickey of the bus not in the sitting area of bus, prima facie involvement of applicant not at all established. Next submits that the applicant is in jail since 14.08.2019, he is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, the present applicant may be released on bail.

• On the other hand State counsel strongly opposes the bail application.

• I have heard learned counsel for the parties and perused the entire material available on record. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the present applicant is in jail since 14.08.2019 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

applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ankit