Ajay v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8496 of 2019 • Ajay S/o Satish Kumar Aged About 19 Years R/o Village Balmbaha, Thana Meham, District- Rohatk, Haryana. ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station- Mahasamund, District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Shri Vikas Pradhan, Advocate For Respondent /State : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 10/02/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.430/2019 registered at police station Mahasamund District Mahasamund (CG) for the offence punishable under Section 20(b) of the Narcotics Drugs and Psychotropic Substances Act.

As per prosecution case, on the basis of secret information, the police seized 16.250 kgs. of ganja from the possession of the applicant in two bags.

Counsel for the applicant submits that the applicant has been falsely implicated in the case and the mandatory provisions of NDPS

Act have not been complied with. He submits that the applicant is in jail since 10.11.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna