Sunil Yadav v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6851 of 2021 • Smt. Savitari Thakur W/o Shri Raju Thakur, Aged About 50 Years, R/o Prabhat Chowk Chingrajpara, P.S. Sarkanda, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through:- SHO Sarkanda Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant MCRC No. 7306 of 2021 • Sunil Yadav S/o Late Ramcharan @ Tantan Yadav, Aged About 30 Years, R/o Prabhat Chowk Chingrajpara, P.S. Sarkanda, Distt. Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through:- SHO Sarkanda Bilaspur, Distt. Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicants - Shri Dheerendra Pandey, Advocate. For State/Non-applicant - Shri Ankur Kashyap, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24-09-2021 1.

As both these applications arise out of the same crime number, they are being decided by this common order.

2.

Both these applications filed under Section 439 of the Cr.P.C by the applicants are their first bail applications before this Court for grant of regular bail. These applicants have been arrested on 25-08-2021 in connection with Crime No.1044/2021 registered at P.S. - Sarkanda, Bilaspur District Bilaspur, Chhattisgarh for the offence under Section 20 (B) of NDPS Act, 1985. 3.

Learned counsel for applicants in both the applications submits that these applicants have been falsely implicated. They are in jail since 25-082021. There is likelihood of delay in investigation and trial. Therefore, it is prayed that both these applicants may be granted bail.

-24.

Learned counsel for the State/non-applicant opposes the applications. 5.

Heard learned counsel for the parties and perused the case diary. 6.

3.150 kg. Ganja was seized from the joint possession of applicants Smt. Savitari Thakur and Sunil Yadav. Hence, this case. 7.

Considered on the submissions. As it appears that these applicants do not have any criminal antecedent and also looking to the facts that they are local residents of this State and there is likelihood of delay in investigation and trial, I feel inclined to allow both these applications. 8.

Consequently, both these applications filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail are hereby allowed. It is directed that these applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil