Pawan Sahu And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3251 of 2021

1. Pawan Sahu, S/o Shri Rikhi Ram Sahu, aged about 32 years, R/o Ward No. 1, Rajeev Nagar, Kharora, Infront of Police Station Kharora, Police Station - Kharora, District Raipur (C.G.)

2. Bandhu Ram Yadav, S/o Shri Ramnath Yadav, aged about 65 years, R/o Village - Mura, P.S. Kharora, District - Raipur (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through State House Officer, Police Station - Patewa, District Mahasamund (C.G.) ---- Non-applicant For Applicant :

Shri Surfaraj Khan, Advocate.

For Non-applicant/State :

Shri Ajay Kumbrani, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06.07.2021 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 04.05.2021 in connection with Crime No. 111 of 2021 registered at Police Station Patewa, District Mahasamund (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs & Psychotropic Substance Act, 1985. 2.

It is submitted by the learned counsel for the Applicants that the Applicants have been falsely implicated in this case. The Applicants are in jail since 04.05.2021. Charge-sheet has been filed and the trial against them is not making any progress. Therefore, it is prayed that the bail may be granted to the Applicants.

3.

The learned counsel for the State opposes the application and the submission made in this respect. It is submitted that looking to the gravity of the offence, the Applicants are not entitled for grant of bail. 4.

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

As per the prosecution case, on the basis of a confidential information received, the Police personnel of Police Station Patewa, District Mahasamund (C.G.) has seized 10.5 kg of Ganja jointly from the possession of the Applicants. On the basis of which the offence has been registered. 6.

Considered on these submissions. It appears that the trial against the Applicants have been pending and it is getting extended due to the pandemic situation, therefore, I am inclined to allow this bail application. 7.

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

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

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Brijmohan