Kaushal Ali And Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2249 of 2021

1. Kaushal Ali S/o Anwar Hussain Aged About 24 Years R/o Ward No. 4 Jonapur Kothi, Police Station Jasubazar, District Sinan (Bihar)

2. Ravindra Ghee S/o Gokul Ghee Aged About 39 Years R/o Charbahal, Police Station Kavisara, District Kalahandi (Orissa)

3. Madhusmita Nayak W/o Ravindra Nayak Aged About 35 Years R/o Village Charbahal, Police Station Kavisara, District Kalahandi (Orissa) ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bagbahara, District Mahasamund Chhattisgarh ---- Respondent For Applicants :

Shri B.L. Sahu, Advocate For Respondents/State :

Shri Sidhdharth Dubey, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 02/08/20

1. Heard.

2. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 07.02.2021 in connection with Crime No.31/2021 registered at Police Station Bagbahara, District Mahasamund (CG) for the offence punishable under Section 20 (B) of the N.D.P.S. Act.

3. As per the prosecution case, on a raid being conducted on 07.02.2021 a car

bearing registration No.J.H.-10-AG-2560 when was intercepted from the present applicants, who were the inmates of the car, 20 KG cannabis was recovered, thereafter, they were arrested.

4. Learned counsel for the applicants submits that they were only inmates of the car and they were not having any idea that in the vehicle the cannabis was kept. He would further submit that no recovery in person was made from the present applicants and the charge-sheet in this case has been filed and no further investigation is necessary, therefore, the applicants may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the nature of allegation and the quantity of the canabis so seized and the charge-sheet in this case has been filed and also taking into that no further recovery is required to be made and the applicants are in jail since 07.02.2021, I am inclined to release the applicants on bail.

7. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

SD/-Sd/- Goutam Bhaduri Judge Ashu