Devichand Mahanand & Another v. State Of Chhattisgarh

MCRC No. 4371 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4371 of 2021

1. Devichand Mahanand S/o Balmukund Mahanand Aged About 43 Years

2. Kushram Sahu S/o Duryodhan Sahu Aged About 44 Years, Both are R/o Village Parsada, Police Station Jharband, District Bargarh Odisa.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund Chhattisgarh. ---- Respondent For Applicants :- Mr. Tarun Dansena, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.

Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 09/08/2021

1. The applicants have preferred this bail application under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.167/2021 registered in Police Station Basna, Distt. Mahasamund for the offence punishable under Section 20 (B) of the NDPS Act.

2. Applicants were found carrying 5 kg of ganja in a motorcycle

MCRC No. 4371 of 2021 when they were intercepted near Bamhani Chowk within Police station Basna.

3. 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 applicants.

4. Considering that the joint recovery of 5 kg of ganja has been made from both the applicants; they are in jail since 03.4.2021 i.e., for more than four months; charge sheet has already been filed, I am inclined to release the applicants on bail.

5. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.1 Lac with two local sureties for the like amount 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. Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi