Devendra Dansena & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8526 of 2019

1. Devendra Dansena S/o Basant Dansena Aged About 20 Years R/o Village - Bonda, Thana - Sariya, District Raigarh, Chhattisgarh.

2. Mukesh Dansena S/o Bholaram Dansena Aged About 23 Years Village Bonda, Thana Sariya, District Raigarh, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh, Through : Police Station Kotwali, Raigarh, District Raigarh, Chhattisgarh.

---- Respondent For Applicants :

Mr. Sanjay Agrawal, Adv.

For Respondent/State :

Mr. Vaibhav K. Agrawal, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 11/02/2020

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. 1075/2019 registered at Police Station Kotwali, Raigarh, District-Raigarh (C.G.) for the offence punishable under Section 21 of Narcotic Drugs and Psychotropic Substances Act.

2. The prosecution story, in brief is that, police received an information by informant thereafter, police personnel searched and seized 20 and 8 bottles of OnaRax Cough Syrup from the possession of the present applicants Devendra Dansena and Mukesh Dansena respectively. 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 chargesheet has been filed and the applicants are in jail since 19.12.2019, 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 19.12.2019 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. 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