Gautam Sahu And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5188 of 2021

1. Gautam Sahu S/o Shri Chaitram Sahu Aged About 30 Years R/o Village Lawan, Police Station Kasdol, Civil And Revenue District - Balodabajar - Bhatapara, Chhattisgarh.

2. Chandra Prakash @ Lala S/o Shri Ramkhilawan Sahu Aged About 25 Years R/o Village Lawan, Police Station Kasdol, Civil And Revenue District - Balodabajar - Bhatapara, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sankra, District Mahasamund, Chhattisgarh.

---- Respondent For the Applicants :

Shri Sunil Sahu, Advocate.

For the Respondent/State :

Smt. Hamida Siddique, Dy. A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

25.08.2021 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.105 of 2021, registered at Police Station - Sankra, District - Mahasamund, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicants submits that the applicants are in jail since 27.6.2021 and have been falsely implicated in this case. The charge-sheet has been filed. Hence, it is prayed that the applicants be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

10 kg of ganja (narcotic substance) was jointly seized from the possession of both the applicants while the same was being transported by them on a motorcycle. Hence, this case.

6.

Considered the submissions and the facts present in this case. As the applicants do not have any criminal antecedents and the trial of the case is likely to take sometime for its conclusion, I feel inclined to grant regular bail to the applicants.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi