Allowed

Jaga Gandgi v. State of Chhattisgarh

Chhattisgarh HC9 May 2022MCRC/1681/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court allowed the release on bail of two applicants, Jaga Gandgi and Sonu Madi, accused under the NDPS Act for possessing 15.275 kg of ganja, noting the quantity was less than commercial and the trial would be prolonged.

What did the court decide?

Applicants directed to be released on bail by furnishing a personal bond of Rs. 50,000/- each with one local solvent surety each.

Jaga Gandgi Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

MCRC-1681-2022

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1681 of 2022

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Jaga Gandgi, S/o Soniya Gandgi, aged about 24 years, R/o Dangriguda Gongala, Police Station Mathali, District- Malkangiri (Odisha)

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Sonu Madi, S/o Hari @ Ori Madi, aged about 21 years, R/o Madiguda , Police Station Malkangiri, District Malkangiri (Odisha)

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---- Applicants

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Versus

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State of Chhattisgarh, through the Police Station Tongpal, District Sukma, (Chhattisgarh)

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	----Non-applicant
For Applicants	: Mr. Pravin Kumar Tulsyan, Advocate
For Respondent-State	: Mr. Sudeep Verma, Deputy G.A.

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Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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09.05 .2022

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Heard.

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This first bail application has been filed on behalf of the applicants under Sections 439 of Cr.P.C. for grant of bail in connection with Crime No. 16 of 2021, registered at Police Station Tongpal, District Sukma (CG) for the offences punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985.

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As per prosecution’s case, 15.275 kg of illegal contraband ‘ganja’ was recovered from the joint possession of the applicants and thereby committed the offence.

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Learned counsel for the applicant submits that applicants are innocent and have been falsely implicated. The quantity of ‘ganja’ which is alleged to have been recovered from the possession of the applicants is less than commercial quantity. Charge-sheet has been filed and the applicants are in jail

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MCRC-1681-2022

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Page 2 of 2

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since 16.07.2021 and, therefore, the applicants be enlarged on bail.

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On the other hand, learned Panel Lawyer appearing for the respondentState opposed the bail application and submits that the present application deserves to be rejected.

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After hearing learned counsels for the parties, considering the facts and circumstances of the case as well as the nature and gravity of offence and going through the material available on record including the case diary and specially taking into consideration the quantity of ‘ganja’ which is alleged to have been recovered from the joint possession of the applicants i.e., 15.275 kg which is less than commercial quantity and the applicants are in jail since 16.07.2021 and charge-sheet has been filed in this case and trial would take prolonged period of time to be concluded, I am inclined to allow this application and enlarge the applicants on bail.

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Accordingly, applicants namely, Jaga Gandgi and Sonu Madi are directed to be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one local solvent surety each in the like amount to the satisfaction of the concerned trial Court for their appearance as and when directed by the concerned trial Court.

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Consequently, the bail application is allowed .

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Certified copy as per rules.

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Sd/- (Sanjay K. Agrawal) Judge

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s@if

Jaga Gandgi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jaga Gandgi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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