Deepak Kumhar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4837 of 2021 • Deepak Kumhar S/o Vijay Kumhar, Aged About 22 Years, Caste - Kumhar, R/o Village Ranisadda, P.S. Parwa, Tehsil - Sonpur, Distt. Sonpur (Orissa), Present Address- Padampur (Orissa)., Orissa ---- Applicant

Versus

• State Of Chhattisgarh, Through: Police Station - Basna, District - Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh ----Non-applicant For Applicant - Shri Kishore Narayan, Advocate. For Non-applicant/State - Shri Amit Kumar Verma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 17-08-2021 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 26-05-2021 in connection with Crime No.282/2021 registered at Police Station - Basna, District - Mahasamund, Chhattisgarh for the offence under Section 20 (b) of the N.D.P.S. Act. 2.

It is submitted by learned counsel for the applicant, that the applicant has been falsely implicated. The applicant is in jail 26-05-2021. Charge sheet has been filed. Therefore, it is prayed that the applicant be granted bail. 3.

Learned counsel for the State/non-applicant opposes the application and submits that this applicant is resident of Odisha, hence, if he is granted bail he may not be available for trial. Therefore, the application may be rejected.

4.

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

In total 12 kg. Ganja has been seized from the possession of this applicant when the same was being transported by him. Hence, this case. 6.

Considered on the submissions. For the reasons that the applicant does not have any criminal antecedent and there is likelihood of delay in completion

-2of the trial, I feel inclined to allow this application. 7.

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

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil