Ranjit Pratap & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8048 of 2019

1. Ranjit Pratap, aged about 45 years, son of Rajpal Choudhary, resident of Village Raghuveerpuri, Thana - Banna Devi, Tahsil and District Aligarh (U.P.)

2. Rachit Jain, aged about 34 years, son of Mahendra Jain, resident of Village Raghuveerpuri, Thana - Banna Devi, Tahsil and District Aligarh (U.P.) (In jail) ---- Applicants

Versus

State of Chhattisgarh, Through - Station House Officer, Police Station - Pithora, District - Mahasamund (C.G.) ----Non-applicant For Applicants : Mr. Vikash Pradhan, Advocate. For Non-applicant : Mr. Akhtar Hussain, Panel Lawyer. Hon'ble Smt. Justice Rajani Dubey Order On Board 28/01/2020 (1) The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 92/2019 registered at police Station Pithora, District Mahasamund for the offence punishable under Section 20-B of Narcotic Drugs and Psychotropic Substances Act, 1985. (2) According to the prosecution story, on the basis of information received from an informant, Police Personnel searched and seized total 25 Kilograms contraband article cannabis (Ganja) from the possession of applicants, which they were carrying unauthorizedly for sale.

(3) Learned counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits

that the other co-accused person has already been granted bail by this Court on 22.10.2019 in M.Cr.C. No. 4623/2019, applicants are in jail since 04.06.2019 and as trial is likely to take some time for its final disposal, they may be released on bail. (4) Per contra, learned counsel appearing on behalf of the State opposes the bail application.

(5) I have heard learned Counsel for the parties. (6) Considering the facts and circumstances of the case, the detention period of the applicants, and further considering the fact that other co-accused has already been granted bail by this Court and as trial is likely to take some time for its final disposal, without further commenting on merits of the case, I am inclined to release them on bail. (6) Accused/applicants are directed to be released on bail on each of them 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. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Dubey/-