Shivkumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6088 of 2021

1. Shivkumar Sahu S/o Narayan Sahu Aged About 23 Years R/o Village Lorangamall, P. S. Tumla, Village Jashpur Chhattisgarh

2. Nand Kumar Sahu S/o Nathuram Sahu Aged About 23 Years R/o Village Rasti, P. S. Tildeg, District Sundergarh Odisha

3. Roopdhari Yadav @ Bablu S/o Jamuna Prasad Yadav Aged About 35 Years R/o Village Bandna P. S. Sitapur District Surguja Chhattisgarh

4. Sanjay Chouhan S/o Turchu Ram Aged About 20 Years R/o Village Saraitola, Barpara, P. S. Bagbahar, District Jashpur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sitapur, District Surguja Chhattisgarh.

---- Respondent For the Applicants :

Shri Jitendra Shrivastava, Advocate.

For the Respondent/State :

Shri Alok Nigam, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

10.09.2021 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 applicants who have been arrested in connection with Crime No.146 of 2021, registered at Police Station - Sitapur, District - Surguja, 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 11.7.2021 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.

According to the prosecution case, 9.445 kg of ganja (narcotic substance) was seized from the joint possession of these applicants. 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