Smt. Tarawati Saket & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7919 of 2019

1. Smt. Tarawati Saket W/o Late Chandranbhan Saket Aged About 38 Years, R/o Ward No. 16 Banpadar Police Station Mauganj District Reewa Madhya Pradesh.

2. Smt. Rajkali Yadav W/o Jagdish Yadav Aged About 50 Years, R/o Ward No. 16 Banpadar Police Station Mauganj District Reewa Madhya Pradesh.

---- Applicants

Versus

• State Of Chhattisgarh, Through : The Bhanpuri District Bastar Chhattisgarh.

---- Respondent For Applicants :

Mr. Pravin Kumar Tulsyan, Adv.

For Respondent/State :

Mr. Vinod Kumar Tekam, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 27/01/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 95/2019 registered at Police Station Bhanpuri, District-Bastar (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act.

2. The prosecution story, in brief is that, police received an information by informant thereafter, police personnel searched and seized 5.770 Kg. and 5.620 Kg. Ganja (cannabis) from the possession of the present applicant No. 1 (Tarawati Saket) and applicant No. 2 (Rajkali Yadav) respectively. Thereafter, offence has been registered against

the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the other coaccused has already been granted bail in MCRC No. 6722/2019, so, the present applicants may also be granted benefit of bail and the memorandum seizure witnesses turned hostile. The applicants are in jail since 01.06.2019, there is no likelihood of their case being decided in near future, therefore, the present appellants 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 nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants and further considering the facts that the other co-accused has already been granted bail and the present applicants are 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 applicants on bail. Accordingly, the application is allowed.

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

Sd/- (Rajani Dubey) Judge H.L. Sahu