High Court Of ChhattisgarhMCRC/5451/2021allowed

Harsh Soni And Another v. State Of Chhattisgarh

2021-08-31Hon'Ble The Acting Chief Justice2 pages

MCRC No. 5451 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5451 of 2021

1. Harsh Soni S/o Shri Bharat Singh Aged About 19 Years R/o Shanti Nagar, P.S. Bodhghat, District Bastar-Jagdalpur, Chhattisgarh.

2. Praveen Singh Parihar S/o Shri Jagmohan Singh Parihar Aged About 25 Years R/o Near Suman Medical, Sanjay Market, Jagdalpur, District Bastar - Jagdalpur ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bodhghat, District- Bastar, Jagdalpur, Chhattisgarh. ---- Respondent For Applicants :- Mr. Ishan Verma, 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 31/08/2021

1. The applicants have preferred this second bail application under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.364/2020 registered in Police Station Bodhghat, District- BastarJagdalpur C.G. for the offence punishable under Section 20 (B) of the NDPS Act, 1985.

2. Earlier, the first bail application was dismissed for non-

MCRC No. 5451 of 2021 compliance of the Court order dated 17.3.2021.

3. Case of the prosecution, in brief, is that the present applicants were found in joint possession of 9.400 kg of ganja on 24.12.2020.

4. Learned State counsel would oppose the prayer for grant of bail. He would submit that applicant No.1 has three previous criminal antecedent, however, he would not dispute that these offences does not involve offence under the NDPS Act.

5. Considering the fact that quantity of contraband recovered from the applicants is less than the commercial quantity, I am inclined to release the applicants on bail.

6. Accordingly, the second bail 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.50,000/- with one surety 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