Abhimanyu Manjhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7906 of 2019 • Abhimanyu Manjhi S/o Kashiram Manjhi Aged About 26 Years Resident Of Pujariguda, P.S. Chandahandi District Navrangpur, Odisha.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station Devbhog, Gariyaband, District-Gariyaband, Chhattisgarh.

---- Respondent MCRC No. 7918 of 2019 • Chaitan Naag S/o Laldhar Naag Aged About 24 Years, R/o Pujariguda, Police Station Chandahandi District Navrangpur Odisha. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Devbhog, Gariyaband, District : Gariyabandh, Chhattisgarh ---- Respondent For Applicants :

Mr. Raza Ali, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

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

1. As both MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

2. The accused/applicants have moved these first bail applications under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 173/2019 registered at Police Station Devghog, Gariaband, District-Gariyaband (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act.

3. The prosecution story, in brief is that, police received information by the informant thereafter, police personnel searched and seized 10.700 Kg. and 5.400 Kg. Cannabis (Ganja) from the possession of present applicant Abhimanyu Manjhi and applicant Chaitan Naag respectively. Thereafter, offence has been registered against the present applicants.

4. 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 applicants are in jail since 23.09.2019, there is no likelihood of their case being decided in near future, therefore, the present appellants may be released on bail.

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

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

7. 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 present applicants are in jail since 23.09.2019 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 applications are allowed.

8. 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