Harish Sahu v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7497 of 2021 • Harish Sahu, S/o Santram Sahu, Aged About 37 Years, R/o Village Mopka, Thana- Sarkanda, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police StationTakhatpur, District : Bilaspur, Chhattisgarh. ---- Respondent __________________________________________________________ For Applicant :

Mr. Vikash Pradhan Advocate.

For Respondent :

Ms. Akshara Amit, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 05/10/2021 Heard.

1. This is the second bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973. His first application MCRC No.5086 of 2021 vide order dated 16.7.2021 was dismissed as withdrawn.

2. This bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.231/2021 registered at Police Station-Takhatpur, District-Bilaspur for the offence punishable under Sections20(b)ii(c) of Narcotic Drugs Psychotropic Substances Act.

3. It is submitted by the counsel for applicant that the wife of the applicant is suffering from Cancer. The medical documents are filed in support of this submission. As it is advised, that the wife of this applicant requires

Page No.2 treatment in higher centre. The applicant is needed to take-care of his wife and also take care of her treatment in the hospital. Therefore, it is prayed that he may be granted temporary bail of one month.

4. Learned State counsel opposes the submissions. However it is submitted that the police have verified the statement made by the applicant according to which his wife is suffering from Breast Cancer.

5. Considered on the submissions. Only on the humanitarian ground, the prayer for grant of temporary bail is allowed.

6. Accordingly, the bail application is allowed on temporary basis. The applicant is ordered to be released on temporary bail for a period of one month from the date of his release, on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court concerned. The applicant shall not misuse the liberty granted to him. On completion of period of temporary bail, applicant shall surrender before the Court below concerned without fail. The trial Court concerned is directed to fix a date for surrender of applicant before the Court concerned.

7. This second bail application for grant of regular bail filed by this applicant is also disposed off.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha