Babu Nag And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceeding through Video Conferencing MCRC No. 44 of 2021

1. Babu Nag S/o Patra Nag Aged About 22 Years Cast Dom, R/o Nil Kameto C.H.I. Charchpara, P.S. Orkela Bali Mela, Diastrict Malkangiri, Odisha., District : Malkangiri *, Orissa

2. Komlu Pange S/o Joda Pange Aged About 26 Years Cast- Kodh, R/o Kodhguda, P.S. Orkela Bali Mela, District Malkangiri, Odisha, District : Malkangiri *, Orissa ---- Applicants

Versus

State Of Chhattisgarh Through P.S. Charama, District Uttar Bastar, Kanker (Chhattisgarh).

---- Respondent For the Applicants :

Shri Rajesh Jain, Advocate For the State :

Shri Ayaz Naved, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /05/2021

1. This is an application filed under Section 439 of the Cr.P.C. by the applicants to release them regular bail in which they have been arrested on 02/12/2020 in connection with Crime No.206/2020 registered in Police Station Charama, District Uttar Bastar, Kanker (C.G.) for the offence punishable under Section 20-B of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

2. Case of the prosecution, in brief is that on 02/12/2020 acting upon information received from the informer the Police of Police Station Charama seized 3 Kg. and 5.20 Kg. Cannabis (Ganja) from the illegal possession of the accused Babu Nag and Komlu Pange respectively.

3. Counsel for the applicants submits that the applicants are innocent, investigation officer and informant are the same, applicants are in jail since 02/12/2020 hence they may be granted regular bail.

4. Counsel for the State submits that there is no antecedents of the applicants are reported in police case diary.

5. Looking to the facts and circumstances of the case, quantity of cannabis (Ganja), period of judicial custody, I am inclined to grant regular bail to the applicants.

6. Accordingly, bail application filed by the applicants under Section 439 of CrPC is granted. It is directed that if the applicants furnish one solvent surety for a sum of Rs. 25,000/- each along with one personal bond of Rs. 25,000/- each to the satisfaction of the trial Court concerned for their appearance as and when directed by the trial Court. Applicants be released on bail accordingly.

7. Certified copy as per rules.

Sd/- (N.K. Chandravanshi) Vacation Judge Kamde