Arvind Rana And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8313 of 2019

1. Arvind Rana, S/o Shri Ranjeet Rana, Aged About 31 Years, By Profession - Bus Driver, R/o Village Palsada, Police Station & Tahsil Paiekmal, Civil & Revenue District & District - Bargarh (Orrissa).

2. Banjha Mirdha, S/o Shri Girish Mirdha, Aged About 30 Years, By Profession - Bus Conductor, R/o Village Bramachari, Police Station & Tahsil & Civil & Revenue District & District Boadh (Orrissa). ---- Applicants

Versus

• State Of Chhattisgarh, Through The Police Station Mahasamund, District Mahasamund Chhattisgarh.

---- Respondent For Applicants : Mr. Jameel Akhtar Lohani, Adv.

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

Hon'ble Smt. Justice Rajani Dubey Order on Board 09.01.2020

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. 452/2019 registered at Police Station Mahasamund, Distt. Mahasamund (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. Act.

2. The prosecution story, in brief is that, on 26.11.2019, on the basis of information, police personnel searched and seized 16.600 Kgs Ganja from the possession of the applicants. 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. The applicants are in jail since 27.11.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants 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, and further considering the facts that the applicants are in jail since 27.11.2019 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 Ruchi