Harku Yadu & Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8531 of 2020 • Kamal Sahu S/o Sohan Lal Sahu Aged About 38 Years Resident Of Village Regabod, Police Station Bhatapara (Rural) Tahsil Simga, District Balodabazar Bhatapara Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Bhatapara (Town) District Balodabazar Bhatapara Chhattisgarh.

---- Respondent MCRC No. 9104 of 2020

1. Harku Yadu S/o Khamhan Yadu Aged About 65 Years R/o Rohra, Thana - Bhatapara (City), Baloda Bazar, District Baloda Bazaar - Bhatapara, Chhattisgarh

2. Vinod Nishad S/o Budhram Nishad Aged About 45 Years R/o Village - Rohra, Thana - Bhatapara (City), Baloda Bazar, District Baloda Bazaar - Bhatapara, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Police Station Bhatapara (City), District Baloda Bazaar - Bhatapara Chhattisgarh ---- Respondent For Respective Applicants Mr. Sanjeev Kumar Sahu and Mr. Deepak Jain, Advocates For Respondent /State Mr. Ashutosh Mishra, Panel Lawyer

SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/3/2021

1. Heard.

2. These are the two applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.427/2020 registered at Police Station Bhatapara (Town) District Balodabazar-Bhatapara (CG) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985.

3. Total 10 Kg of illicit Ganja has been recovered from three accused persons, out of the said quantity, 4 Kg has been recovered from applicant Harku Yadav and 6 Kg has been recovered from applicant Vinod Nishad.

4. Learned counsel for the State would oppose the prayer for grant of bail. However, he would submit that the concerned SHO has not reported any previous criminal antecedents of committing similar nature of crime by any of the applicants.

5. Considering that the applicants are in jail since 7.11.2020 and the charge sheet has already been filed, I am inclined to release the applicants on regular bail.

6. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in 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.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna