Baraturam Sahu & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 98 of 2019

1. Baraturam Sahu S/o Siyaram Aged About 38 Years , Police Station Shivrinarayan District : Janjgir-Champa, Chhattisgarh

2. Sharda Prasad Kasyap S/o Lalji Kasyap Aged About 49 Years R/o Ward No. 11, Sighandip Police Station Shivrinarayan District JanjgirChampa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station - Basna, District Mahasamund Chhattisgarh.

---- Respondent For the Applicants :

Shri Vikas Pradhan, Advocate For the State :

Ms. Sangeeta Mishra, G.A.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.434/2018 registered at Police Station Basna, District Mahasamund (C.G.) for the offence punishable under Section 20(B) of NDPS Act.

3. Case of the prosecution, in brief is that on 26/10/2018, near the village Sirkobag, ASI Kalyan Sonwani, Police Station Basna seized 5 Kgs. Cannabis from the joint possession of the applicants.

4. Learned counsel for the applicants submits that they are innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicants.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicants furnishes one solvent surety for a sum of Rs. 25,000/- each along with a personal bond of Rs. 25,000/- each to the satisfaction of the concerned Court with the condition that they shall appear before the trial Court at 11.00 am as and when directed till trial and they would cooperate during the trial, they shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde