High Court Of ChhattisgarhMCRC/8799/2020allowed

Dasrath Prasad Kol And Another v. State Of Chhattisgarh

2021-03-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8799 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8799 of 2020

1. Dasrath Prasad Kol Son Of Jayhari Kol Aged About 26 Years,

2. Sanjay Sahu Son Of Salikram Sahu Aged About 20 Years Both are Resident Of Village Sada, P.S. Bakal, DistrictKatani (Madhya Pradesh) ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Basna, District- Mahasamund (Chhattisgarh) ---- Respondent For Applicants :- Mr. Vikash Pradhan, Advocate For Respondent-State :- Ms. Akshara Amit, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/03/2021

1. Heard.

2. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.450/2020, registered at Police Station Basna, District - Mahasamund C.G., for the offence punishable under Section 20 (b) of the NDPS Act.

3. As per the prosecution case, applicants were found in joint

MCRC No. 8799 of 2020 illicit possession of 9 kgs and 700 grams of cannabis (ganja) on 26.09.2020.

4. Learned State counsel would oppose the prayer for grant of bail. However, she would submit that the concerned SHO has not reported any previous antecedent of the applicants of their involvement in committing similar nature of crime.

5. Considering the quantity of contraband recovered from the applicants, two in number, and for the fact that the concerned SHO has not reported any previous antecedent; they are in jail since 26.09.2020 i.e., for last more than 5 months; charge-sheet has already been filed, I am inclined to release the applicants on bail.

6. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.1 Lac with two local sureties for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. SD/- (Prashant Kumar Mishra) Judge Ayushi