Jaleshwar Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1440 of 2018 Jaleshwar Nishad S/o Ramkumar Nishad Aged About 22 Years R/o- Telaikuda, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- The Station House Officer, Police Station Bemetara, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh.

---- Respondent And M.Cr.C. No. 1536 of 2018 Ramesh Jatav S/o Shri Bharosi Jatav Aged About 38 Years R/o- Kotapuriya Pura, Police Station- Hindon City, District Karouli (Rajasthan) Present Address- Bemetara., District : Bemetara, Chhattisgarh. ---- Applicant Vs State Of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh. ---- Respondent For the Applicants :

Shri Amit Kumar Sahu and Shri S.B.

Pandey, Advocates.

For the Respondent/State :

Shri Anant Bajpai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

19.04.2018 1.

Both these applications are being decided by a common order as they arise from the similar matter. These are the first bail applications of the applicants 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.47 of 2018, registered at Police Station Bemetara,

District - Bemetara, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

Learned counsel for the applicants submit that the applicants in both the cases are in jail since 28.1.2018 and they have been falsely implicated in these cases. No case is made out against the applicants on the basis of the material placed before the Court by the prosecution. Presently, the chargesheet has been filed and the trial of the case is likely to take sometime for its conclusion. Hence, it is prayed that the applicants in both the cases be benefited with grant of regular bail.

3.

On the other hand, learned counsel for the State opposes the bail applications and the arguments submitted in this respect. 4.

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

On the date of incident, 4 kg of ganja (narcotic substance) was recovered and seized from both the applicants jointly. Hence, this case. 6.

Considered. Both the applicants do not have any criminal antecedents and the trial against these applicants is likely to take some time for its final disposal. Hence, under these circumstances, these applications deserve to be allowed.

7.

It is directed that the applicants in both the cases 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. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi