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High Court Of ChhattisgarhMCRC/6752/2021allowed

Mahendra @ Raju v. State Of Chhattisgarh

2021-09-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6752 of 2021 1.

Mahendra @ Raju, S/o. Sahdeo Sahu, aged about 22 years, 2.

Rajkumar, S/o. Hemant Sahu, aged about 21 years 3.

Rammilan Yadav, (wrongly written as Rammilan Sahu), S/o. Khedu Yadav, aged about 37 years, All are R/o. Village Jaijaipur, Police Station - Jaijaipur, District Janjgir Champa Chhattisgarh.

---- Applicants

Versus

State of Chhattisgarh, Through : The Station House Officer, Police Station Sankara, District Mahasamund Chhattisgarh.

---- Respondent For Applicants : Mr. Shikhar Sharma, Advocate For Respondent/State : Mr. Alok Nigam, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/09/2021 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.141/2021, registered at Police Station - Sankara, District - Mahasamund (C.G.) for the offence punishable under Section 20 (B) of Narcotics Drugs & Psychotropic Substances, Act, 1995.

2.

It is submitted by the learned counsel for the applicants that the applicants have been falsely implicated in this case. The applicants are in jail since 06.07.2021. Hence, it is prayed that the applicants may be

released on bail.

3.

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

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

5.

As per the prosecution case, 5 Kg. of Ganja was seized from the possession of the applicants by the police personnel of Police Station Sankara, District - Mahsamund.

6.

Considered on the submissions. Taking into consideration the quantity of the contraband seized and further considering the fact that these applicants do not have any criminal antecedents, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7.

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

8.

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

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram