Upadini Digal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8404 of 2019 • Upadini Digal W/o Shri Rukunath Digal Aged About 23 Years R/o Village Salaguda, P.S. Guchhapda, District Phalbani, (Udisa), Orissa.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station G.R.P., District Bilaspur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Amit Kumar Chaki, Adv.

For Respondent/State :

Mr. Anurag Verma, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/02/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 195/2019 registered at Police Station G.R.P., District-Bilaspur (C.G.) for the offence punishable under Section 20 (B) of the NDPS Act.

2. The prosecution story, in brief is that, on the basis of information received by the informant police personnel of G.R.P. police searched and seized 4 Kg. hemp (Ganja) from the possession of the present applicant. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 12.11.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant 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, detention period of applicant and further considering the facts that the applicant is in jail since 12.11.2019 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 applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his 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. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu