High Court Of ChhattisgarhMCRC/6949/2021allowed

Laxmicharan Patel v. State Of Chhattisgarh

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

MCRC No. 6949 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6949 of 2021

1. Laxmicharan Patel, S/o Mohit Patel, aged about 50 years,

2. Nirmal Patel, S/o Bramha Patel, aged about 27 years, Both the resident of Village Komir, Thana Jagdalla, District Bargarh (Odisha) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Basna, District- Mahasamund, Chhattisgarh ---- Non-Applicant For Applicant : Shri Vikash Pradhan, Advocate.

For Non-Applicant : Shri Gagan Tiwari, Deputy GA. Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 04/10/2021 :

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.480/2020 registered in Police Station Basna, District Mahasamund for offence under Section 20 (b) of the NDPS Act.

2. This is the 5th bail application on behalf of the applicants.

3. The applicants had filed two separate bail applications mentioning therein that they are the first bail applications. The application (MCRC No.8201/2020) was dismissed as withdrawn whereas the application (MCRC No.7720/2020) was dismissed later on with liberty to revive after 6 months. The third bail application i.e. MCRC No.3973/2021 was dismissed, as the same was preferred before the expiry of 6 months.

MCRC No. 6949 of 2021 The fourth bail application was dismissed for want of prosecution.

4. These two applicants were found in joint illicit possession of 10 kg of Ganja. They are in jail since 10.10.2020.

5. Learned State Counsel would oppose the prayer for grant of bail.

6. Considering the length of pre-trial detention, 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 one local surety 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. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve