Dheeraj Jaiswal & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8418 of 2019

1. Dheeraj Jaiswal S/o Sachidanand Jaiswal, Aged About 38 Years, R/o Mahalpara, Police Station Baikunthpur, District Korea, Chhattisgarh.

2. Parmeshwar Minj, S/o Ramkaran Minj, Aged About 25 Years, Caste Uraon, R/o Modipara, Baikunthpur, Police Station And Tehsil Baikunthpur, District Korea, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh, Through : Station House OfÏcer, Police Station Baikunthpur, District Korea, Chhattisgarh. ---- Respondent For Applicants :

Mr. Vijay Kumar Sahu, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

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

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. 323/2019 registered at Police Station Baikunthpur, DistrictKorea (C.G.) for the offence punishable under Sections 21 (B) and 21 (C) of Narcotic Drugs and Psychotropic Substances Act.

2. The prosecution story, in brief is that, police personnel searched and seized 25 bottles each contained 2500 ml. total 2.5 liters of Onrex Cough Syrup, RC Kuff + Cough Syrup which contained codeine drugs from the possession of present 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. He further submits that the applicants

are in jail since 03.12.2019, there is no likelihood of their case being decided in near future, therefore, the present appellants 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 the applicants and further considering the facts that the present applicants are in jail since 03.12.2019 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 application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 1,00,000/- 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