Deefo @ Kundaru Nagesiya v. State Of Chhattisgarh,

MCRC No. 197 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 197 of 2021 • Deefo @ Kundaru Nagesiya S/o Badhai Nagesiya, Aged About 60 Years R/o Village - Kachhar, Police Station - Dhourpur, District - Surguja Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer - Dhourpur, District - Surguja Chhattisgarh.

---- Respondent For Applicant :- Mr. Sunil Tripathi, Advocate For Respondent-State :- Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/03/2021

1. Heard.

2. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.46/2020, registered at Police Station - Station House Officer - Dhourpur, District - Surguja C.G., for the offence punishable under Section 20(A) of the NDPS Act.

3. As per the prosecution case, applicant has been found

MCRC No. 197 of 2021 illicitly growing five cannabis plants in the front portion (front yard) of his house.

4. Per contra, learned State counsel would oppose the prayer for grant of bail. However, he would submit that the concerned SHO has not reported any previous criminal antecedent of the applicant.

5. Considering the number of plants recovered from the applicant as also for the fact that he has no previous criminal antecedent; he is in jail since 28.9.2020 i.e., for about six months and the charge-sheet has already been filed, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for 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.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Judge Ayushi