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Judgment
15 paragraphs · 278 wordsBoth these bail applications are decided together as they are arising out of the same crime number.
These are the First Bail Applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have
been arrested on 09.12.2017 in connection with Crime No.207/2017 registered at Police Station P.S. Churiya, Distt. Rajnandgaon (CG) for the offence
punishable under Section 20 (B) NDPS Act.
As per the prosecution case, on 08.12.2017 during the search, two persons were traveling on the motorcycle, when they were intercepted from
their possession 4.580 KG cannabis was seized. Thereby the offence has been committed.
Learned counsel for the applicants submits that the applicants have been falsely implicated as the cannabis was not seized in person from the
present applicants. He further submits that the charge-sheet in this case has been filed and no further investigation is necessary and the applicants are
in jail since 09.12.2017, therefore, the applicants may be released on bail.
Per contra, learned State counsel opposes the prayer for grant of bail.
Considering facts of this case, especially taking into the quantity of the cannabis and also that the applicants are in jail since 09.12.2017, I am
inclined to release the applicants on bail.
Accordingly, both the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond
in sum of Rs.25,000/- with one 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 by the said Court.