High Court Of ChhattisgarhMCRC/5029/2019allowed

Radheshyam Yadav And ANR. v. State Of Chhattisgarh

2019-09-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5029 of 2019

1. Radheshyam Yadav S/o Chitro Yadav Aged About 38 Years R/o Village Ward No. 17, Aabadipara, Anjora, Thana Pulgaon, District Durg Chhattisgarh

2. Kishordip S/o Gokuldip Aged About 26 Years R/o Village Belpadar, Thana, Titlagarh District Balangir Odisha ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Komakhan, District Mahasamund Chhattisgarh ---- Non-applicant For Applicants : Mr. Prasoon Agrawal on behalf of Mr. Vikash Pradhan, Advocates.

For Non-applicant/State : Mr. Neeraj Pradhan, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-09-2019 Heard.

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 29.06.2019 in connection with Crime No. 105/2019, registered at Police StationKomakhan, District- Mahasamund, C.G. for offence punishable under Sections 20(B) of N.D.P.S. Act.

2. It is submitted by learned counsel for the applicants that the applicants are in jail since 29.06.2019. These applicants have not committed any offence, hence, it is prayed that these applicants be granted bail.

3. Learned counsel for the State/non-applicant opposes the application.

-24. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, Police Personnel of Police Station Komakhan, District- Mahasamund, C.G. made a seizure of 4 kg Ganja from the joint possession of both these applicants. Hence, this case.

6. Considering that the charge-sheet has been filed as the case is now pending for trial and there is no criminal antecedents against these applicants, therefore, I feel inclined to allow this application.

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

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika