Vijay Shankar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6210 of 2021 Vijay Shankar Sahu S/o Late Ramdhari Sahu Aged About 41 Years R/o Village Nawatola, P. S. Chandani District Surajpur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P. S. Chandani District Surajpur Chhattisgarh.

---- Respondent For the Applicant :

Shri Pushkar Sinha, Advocate.

For the Respondent/State :

Shri Anil Tripathi, Dy. G.A Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

16.09.2021 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 applicant who has been arrested in connection with Crime No.18 of 2021, registered at Police Station - Chandani, District - Surajpur, Chhattisgarh for the offence punishable under Section 20(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that the applicant is in jail since 5.5.2021 and has been falsely implicated in this case. No offence has been committed by the applicant. The charge-sheet has been filed and the trial of the case is likely to take sometime for its final disposal. Hence, it is prayed that the applicant 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. It is submitted that the applicant has two previous antecedents as he was proceeded against under the provisions of Cr.P.C. Hence, the applicant is not entitled for grant of bail. 4.

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

According to prosecution case, 4 numbers of ganja plants were seized from the garden of the house of this applicant. The total weight of seized plants is 2.180 kg. Hence, this case.

6.

Considered on the submissions. As the case is now pending before the trial Court and also looking to the likelihood delay in conclusion of trial against the applicant, I feel inclined to grant regular bail to the applicant. 7.

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

8.

It is directed that 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 trial Court, for his 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