High Court Of ChhattisgarhMCRC/7025/2021allowed

Neeraj Kumar Jha v. State Of Chhattisgarh

2021-10-04Hon'Ble The Acting Chief Justice2 pages

MCRC No. 7025 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7025 of 2021

1. Neeraj Kumar Jha S/o Shri Kamlesh Kumar Jha, Aged About 23 Years R/o House No. 442, Badankala, P.S. Goraghat, District Datia M.P.

2. Vinod Rawat S/o Shri Arvind Rawat Aged About 20 Years R/o Goraghat, P.S. Goraghat, District Datia M.P. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Nagarnar, District Jagalpur, Chhattisgarh ---- Respondent For Applicants :- Mr. Syed Ishhadil Ali and Mr. Md.

Faruq Azam, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.

Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 04/10/2021

1. Heard.

2. This is a second application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.126/2020, registered at Police Station Nagarnar, District Jagalpur for the offence punishable under Sections 20 (B) (II) (c) of the NDPS Act.

MCRC No. 7025 of 2021

3. The first bail application of the applicants for grant of bail was dismissed on merits.

4. The applicants were found in joint illicit possession of 22 kg of ganja which they were transporting while traveling in a truck bearing registration No.MP-09-HH-7142 on 05.8.2020.

5. Learned State counsel would oppose the prayer for grant of bail. He would refer to the provisions contained in Section 37 of the NDPS Act.

6. Considering that the applicants are in jail since 05.8.2020 i.e., for more than almost 14 months, I am inclined to release the applicants on bail.

7. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with two local sureties for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Certified copy as per rules SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi