Nempal Chandrawanshi v. State Of Chhattisgarh

MCRC No. 9093 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9093 of 2020 • Nempal Chandrawanshi S/o Tiharilal Chandrawanshi Aged About 23 Years R/o Village Telibandha, Police Station Baghnadi, Tahsil Churiya District Rajnandgaon, Chhattisgarh ----Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Baghnadi, District Rajnandgaon, Chhattisgarh ---- Respondent For Applicant :- Mr. Aditya Bhardwaj, Advocate For Respondent-State :- Mr. Ayaz Naved, G.A.

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 applicant, who has been arrested in connection with Crime No.53/2020, registered at Police Station Baghnadi, District Rajnandgaon C.G., for the offence punishable under Section 20 (A) of the NDPS Act.

3. Allegation against the applicant is that he was found growing four cannabis plants in his kitchen garden.

4. Learned State counsel would oppose the prayer for grant of

MCRC No. 9093 of 2020 bail. However, he would submit that the concerned SHO has not reported any previous antecedent of the applicant of his involvement in committing similar nature of crime.

5. Considering the fact that the applicant is in jail since 11.11.2020 as also for the fact that applicant has no previous antecedent; charge-sheet has already been filed, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Judge Ayushi