Kishor Khare And ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4900 of 2019

1. Kishor Khare S/o Gadesh Khare, Aged About 30 Years, R/o Village Indria Nagar Ward No.15, Pamgarh, Thana Pamgarh, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

2. Maheshwar Khande S/o Aatmaram Khande, Aged About 40 Years, R/o Village Indria Nagar Ward No.15, Pamgarh, Thana Pamgarh, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Police Station - Basna, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ----Non-applicant For Applicants - Shri Prasoon Agrawal, Advocate on behalf of Shri Vikash Pradhan, Advocate.

For Non-applicant/State - Shri Priyanshu Gupta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-09-2019 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 13-06-2019 in connection with Crime No.299/2019 registered at P.S. - Basna, District - Mahasamund, Chhattisgarh for the offence under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act.

2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 13-06-2019. They have not committed any offence. They are local residents of District Janjgir-Champa. Therefore, it is prayed that they may be granted bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Police personnel of Police Station Basna, District Mahasamud made a

-2seizure of 3.055 kg. Ganja from the possession of both these applicants. Hence, this case.

6.

Considering that these applicants do not have any criminal antecedent and that they are local residents of this State, hence their availability for the trial can be ensured, 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 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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil