Subhash Chandra Khairwar v. State Of Chhattisgarh

MCRC No. 149 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 149 of 2021 • Subhash Chandra Khairwar Son Of Ramavtar Khairwar Aged About 52 Years, Resident Of Village- Dandkarwa, Police ChowkiRevti, Police Station- Chandaura, Tahsil- Pratappur, DistrictSurajpur (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through The Incharge, Police ChowkiRevti, Police Station- Chandaura, District- Surajpur (Chhattisgarh) ---- Respondent For Applicant Mr. Rahul Mishra, Advocate For Respondent /State Mr. Alok Nigam, Government Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 17.3.2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.77/2020 registered at Police Station Police Chowki-Revti, Police Station Chandaura, District Surajpur (CG) for the offence punishable under Section 20(B) of the Narcotics Drugs Psychotropic Substances Act.

MCRC No. 149 of 2021

3. The applicant was found illicitly growing five Ganja plants in his kitchen garden.

4. Learned counsel for the State opposes the prayer for grant of bail. However, he submits that the concerned SHO has not reported any previous criminal antecedents of the applicant.

5. Considering the number of Ganja plants recovered from the applicant and for the fact that the applicant is in jail since 4.10.2020 and has no previous criminal antecedents, I am of the opinion that present is a fit case to release the applicant on regular bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna