Vedvyas Mehar & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 300 of 2021

1. Vedvyas Mehar S/o Rohit Mehar, Aged About 34 Years R/o Awadhpuri Colony, Bhathagaon, Nearby Lalita Kirana Stores, Police Station Purani Basti Raipur, District - Raipur Chhattisgarh.

2. Rajsagar S/o Joseph Sagar, Aged About 22 Years R/o Dharampura, Housing Board Colony, House No. 25/10, Police Station Mana Camp, Raipur, District - Raipur Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Mana Camp Raipur, District - Raipur Chhattisgarh.

---- Respondent For the Applicants :

Shri C.R. Sahu, Advocate.

For the Respondent/State :

Smt. Smriti Shrivastava, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

23.06.2021 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.141 of 2020, registered at Police Station - Mana Camp, Raipur, District - Raipur, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicants submits that the applicants are in jail since 23.10.2020 and have been falsely implicated in this case. No such offence has been committed as it is alleged in this case. Hence, it is prayed that the applicants be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the quantity of ganja (narcotic substance) that has been found in possession of these applicants was more than small quantity. Hence, for these reasons, the applicants are not entitled for grant of bail. 4.

Heard counsel for both the parties and perused the case diary. 5.

As per the prosecution case, seizure of 15.2 kg of ganja was made from applicant No.1 and 17.180 kg of ganja was made from applicant No.2 when the same was being transported in a car. 6.

After considering the entire material present in the case-diary and also considering the fact that due to pandemic situation, the trial of the case is withheld, therefore, I feel inclined to grant bail to the applicant in this case. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi