High Court Of ChhattisgarhMCRC/8505/2020allowed

Brijesh Mehara & Another v. State Of Chhattisgarh

2021-03-01Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8505 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8505 of 2020

1. Brijesh Mehara S/o Dindayal Mehara Aged About 32 Years,

2. Arjun Thakur S/o Nanu Thakur Aged About 38 Years Both R/o Village Hurduga Khurd Surai, Thana Jabera, District Damoh Madhya Pradesh.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Sarangarh, District Raigarh Chhattisgarh.

---- Respondent For Applicants :- Mr. Sanjay Agrawal, Advocate For Respondent-State :- Mr. Alok Nigam, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/03/2021

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.701/2020, registered at Police Station Sarangarh, District Raigarh, for the offence punishable under Section 20(B) of the NDPS Act.

3. Case of the prosecution, in brief, is that the applicants were found in joint illicit possession of 5 kgs of cannabis (ganja) during search on 23.10.2020.

MCRC No. 8505 of 2020

4. Learned State counsel would oppose the prayer for grant of bail. According to him, applicants have previous antecedents of their involvement in criminal cases.

5. The criminal antecedent of applicant No.1 Brijesh Mehara relates to commission of offence under the Excise Act and for offence under Sections 294, 322 and 341 of the IPC. The criminal antecedent of applicant No.2 Arjun Thakur is about offence concerning the Public Gambling Act, 1867, the Arms Act, 1959 and under Sections 294, 323 of the IPC. Thus, the criminal antecedent is not about their involvement in offence under the NDPS Act.

6. Considering the quantity of contraband recovered from the applicants as also for the fact that the applicants are in jail since 23.10.2020; charge-sheet has already been filed, I am inclined to release the applicants on bail.

7. 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