High Court Of ChhattisgarhMCRC/5084/2021allowed

Horilal Nishad And Another v. State Of Chhattisgarh

2021-08-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.5084 of 2021

1. Horilal Nishad S/o Chain Singh Aged About 27 Years (which is not mentioned in the order of the learned Court below)

2. Hemant Nishad S/o Chain Singh Aged About 30 Years (which is not mentioned in the order of the learned Court below) (Both are r/o Village Kurud, P.S. Arang, District Raipur Chhattisgarh) ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Azad Chowk, District Raipur Chhattisgarh ---- Non-applicant For Applicants : Mr. Sukhdev Prasad Sahu, Advocate.

For Non-applicant/State : Mrs. Hamida Siddiqui, Dy. A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-08-2021Sd/-

1. Heard on the application filed under Section 439 of the Cr.P.C. This is the first bail application filed for grant of regular bail. The applicants have been arrested on 01.06.2021, in connection with Crime No.95/2021, registered at Police Station- Azad Chowk, District- Raipur, C.G. for offence punishable under Section 20-B of N.D.P.S. Act.

2. It is submitted by the learned counsel for the applicants that these applicants have been falsely implicated in this case. The applicants is in jail since 01.06.2021. Charge-sheet has been filed. The trial is likely to take some time, therefore, it is prayed that these applicants may be

-2granted bail.

3. Learned counsel for the State/non-applicant opposes the application.

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

5. According to prosecution case, in total 4.900 kg ganja was seized from the possession of applicant No.1 and 4.910 kg of ganja was seized from the possession of applicant No.2. Hence, this case.

6. Considered on the submissions. There appears to be no criminal antecedents against these applicants. Hence, looking to the likelihood of delay in trial, I feel inclined to allow this application.

7. Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on their 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 their appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika