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High Court Of ChhattisgarhMCRC/7245/2021allowed

Narayan Sahu v. State Of Chhattisgarh

2021-10-08Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7245 of 2021

1. Narayan Sahu S/o Shri Salikram Sahu Aged About 36 Years R/o Village Armarikala, Police Station Gurur, Tahsil Gunderdehi, District : Balod, Chhattisgarh

2. Naresh Sahu, S/o Late Shri Gayaram Sahu, Aged About 60 Years, R/o Village Armarikala, Police Station-Gurur, Tahsil Gunderdehi, DistrictBalod, Chhttisgarh. ---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Narharpur, District North Baster Kanker Chhattisgarh. ---- Respondent _____________________________________________________________ For Applicant :

Mr. Sunil Sahu, Advocate For Respondent/State :

Mr. Alok Nigam, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/10/2021 Heard.

1. This is 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. 113/2021 registered at Police Station Narharpur, District North Bastar Kanker (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs & Psychotropic Substance Act.

2. It is submitted that the applicants are innocent who have been falsely implicated in this case. The applicants are in jail since 02.09.2021. No case is made out against these applicants, therefore, prayer is made to

Page No.2 release the applicants on bail.

3. Per contra, learned State counsel opposes the bail application.

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

5. As per prosecution case, in total 5.3kg of ganja was seized from the joint possession of these applicants. Hence, this bail application.

6. Considered on the submissions. The applicants do not have any criminal antecedent and there is likelihood of delay in conclusion of trial and investigation, I feel inclined to allow this bail application and release these applicants on bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant 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