High Court Of ChhattisgarhMCRC/7747/2019allowed

Ramlal Varma v. State Of Chhattisgarh

2020-02-24Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7747 of 2019 • Ramlal Varma, S/o Late Rup Charan Varma, Aged About 29 Years, R/o Ward No. 24 Bajrang Nagar Birgaon Thana, Urla Raipur, District- Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Police Station- Singhoda, District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Mr. Vikas Pradhan, Adv.

For Respondent/State : Mr. Vinod Kumar Tekam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 24.02.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 78/2019 registered at Police Station- Singhoda, District- Mahasamund, (C.G.) for the offence punishable under Section 20 (B) ii (c) of the N.D.P.S. Act.

2. The prosecution story, in brief is that, on the basis of secret information, police personnel searched and seized about 300 Kg Ganja from the possession of the applicant and other coaccused. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the memorandum of seizure witnesses turned hostile. The applicant is in jail since 01.06.2019, there is no likelihood of his case being decided in

near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case and further considering the facts that the memorandum of seizure witnesses turned hostile and applicant is in jail since 01.06.2019 and 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.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 2,00,000/- with one solvent surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi