High Court Of ChhattisgarhMCRC/6499/2021allowed

Pooja Vishwakarma v. State Of Chhattisgarh

2021-09-17Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6294 of 2021 • Prashant Ahirwar, S/o Damodar Ahirwar, Aged About 24 Years, Occupation Labor R/o Village Nohiti, P. S. Nohata, District-Damoh, M. P.

---- Applicant

Versus

• State of Chhattisgarh Through P. S. Basna, District-Mahasamund, Chhattisgarh ---- Respondent & MCRC No. 6499 of 2021 • Pooja Vishwakarma, W/o Bhaarat @ Bharatlal Vishwakarma, Aged About 32 Years, R/o Village Sargadha Thana Gadha, District-Jabalpur, Madhya Pradesh ---- Applicant

Versus

• State of Chhattisgarh Through Police-Station-Basna, DistrictMahasamund, Chhattisgarh ---- Respondent For Applicant : Mr. Kiran Jain, Advocate in MCRC No.6294/2021 Mr. Priyank Rathi, Advocate in MCRC No.6499/2021.

For State/respondent : Ms. Shivali Dubey, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/09/2021

1. Since the above bail applications arise out of the same crime number, they are being disposed of by this common order.

2. These are the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime No.212/2021 registered at Police-Station-Basna, DistrictMahasamund(C.G.) for the offence punishable under Sections 20-B of NDPS Act.

3. It is submitted by the learned counsel for the applicants, that the applicants have been falsely implicated in this case. They are in jail since 29.04.2021. Charge-sheet has been filed, hence, it is prayed that these applicants may be enlarged on regular bail.

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

5. I have heard the learned counsel for both the parties and perused the case diary.

6. 6kg ganja the narcotic substance has been seized from the joint possession of this applicants in both the cases when they were traveling on a motorcycle. Hence, this case.

7. Considered on the submissions. As there is no criminal antecedent of these applicants and there is likelihood of delay in conclusion of trial, I feel inclined to allow the application of this applicants.

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

allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/-each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha