Sonu Das Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8211 of 2019

1. Prem Thakur S/o Vijay Kumar Thakur Aged About 21 Years R/o Green Chauk, Station Chauk, Above Over Bridge, Durg District Durg, Chhattisgarh.

2. Rajkumar Alias Matka S/o Late Ram Singh Deshlahre Aged About 22 Years R/o Village Sikola Bhata, Below Over Bridge , Police Station Mohan Nagar, Durg District Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Ghumka, District Rajnandgaon, Chhattisgarh.

---- Respondent MCRC No. 8366 of 2019 • Sonu Das Manikpuri S/o Chatur Das Manikpuri Aged About 30 Years R/o Ward No. 30, Behind Tularam School, Police Station Mohan Nagar, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Ghumka, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicants :

Mr. S. S. Baghel, Adv.

For Respondent/State :

Mr. Anil Tripathi, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 04/02/2020

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. 240/2019 registered at Police Station Ghumka, District-Rajnandgaon (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 that the present applicants were searching customers for selling of cannabis, thereafter, police personnel searched and seized 3.855 Kg. Cannabis (Ganja) from the joint possession of present applicants. 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 there is no previous criminal antecedent against the present applicants and the applicants are in jail since 02.12.2019, 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 02.12.2019 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