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High Court Of ChhattisgarhMCRC/8151/2020allowed

Narsingh Das Vaishnav v. State Of Chhattisgarh

2021-02-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8151 of 2020

1. Narsingh Das Vaishnav S/o Tulsidas Vaishnav Aged About 43 Years R/o Village Karra, P.S. Nawagarh, District Janjgir Champa, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through- Station House Officer, Police Station Sarsiwa, District Baloda Bazar Bhatapara, Chhattisgarh ---- Respondent For Applicant Mr. Ravindra Sharma, Advocate For Respondent /State Mr. Ravish Sharma, Govt. Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order on Board 10/2/2021 1.

Heard.

2.

The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.310/2020, registered at Police Station Sarsiwa, District Baloda Bazar-Bhatapara (CG), for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

The concerned police received a secret information that one motorcycle parked in front of house of Damrudhar Das

Vaishnav is carrying ganja. When the unnumbered motorcycle was searched it was found to be carrying 6 kgs. ganja and the present applicant and co-accused Raja Mashi were in side the house of Damrudhar. When enquired about the motorcycle, Damrudhar informed the police that the same belongs to his relatives who have come to visit his house and the present applicant happens to be the relative of Damrudhar.

4. Learned counsel for the State, per contra, would oppose the bail application.

5.

Considering that when search was made the applicant was inside the house of Damrudhar and for the fact that he is in jail since 28-9-2020 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri