Shivprasad Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1172 of 2021 • Shivprasad Markam S/o Shri Suryadayal Markam, Caste Gond, Aged About 40 Years R/o Village Bhouta, Neempara, Chowki Koda, Police Station Jhagrakhand, District Koriya Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Police Station Jhagrakhand, District Koriya Chhattisgarh.

---- Respondent For Applicant :

Shri Pawan Shrivastava, Advocate.

For Respondent-State :

Shri Sameer Oraon, Government Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant , Judge Order on Board 23.06.2021 1.

Heard on the application filed under Section 439 of Cr.P.C. This is the first bail application filed for grant of regular bail. The Applicant has been arrested on 25.10.2020 in connection with Crime No. 193/2020 registered at Police Station Jhagrakhand, District Koriya (C.G.) for offence punishable under Sections 20(a) of NDPS Act.

2.

It is submitted by the learned counsel for the Applicants that the Applicant has been falsely implicated in this case. The Applicant is in jail since 25.10.2020. Charge-sheet has been filed. It is prayed, the Applicant may be enlarged on bail.

3.

The learned counsel for the State opposes the application and submits that the quantity of the Narcotic Substance has been seized from the possession of the Applicant, therefore, he is not entitled to grant of bail. 4.

I have heard the learned counsel for the parties and perused the record. 5.

According to the prosecution case, the seizure of 20 number of Cannabis plants were seized from the agricultural field of this Applicant regarding which the case has been registered against the Applicant.

6.

Considered on the submissions. As it appears that the investigation in the case is completed and that the Applicant has no previous criminal antecedent, hence for these reasons, I am inclined to allow this bail application.

7.

Consequently, the application filed by the Applicant under Section 439 of Cr.P.C for grant of regular bail is hereby allowed. 8.

It is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Hem