Shankar Barase v. State Of Chhattisgarh

MCRC No.8120 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8120 of 2021

1. Shankar Barase S/o Kosa Barase Aged About 35 Years R/o Village Gudiyapadar Village Panchayat Chitalgur Badjhepara, P.S. Darbha District Bastar Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Police Station Darbha District Bastar Chhattisgarh ---- Respondent For Applicant Mr. P.K. Tulsyan, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. Govt. Adv.

Order on Board By Hon'ble Shri Justice Goutam Bhaduri 29/10/2021 1.

Heard.

2.

The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.42/2021, registered at Police Station Darbha, District Bastar (CG), for the offence under Section 20(b)(II-B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

As per the prosecution case on 26-9-2021 the police intercepted the motorcycle; found 7.250 kgs. of cannabis; and the same was recovered.

MCRC No.8120 of 2021 4.

Learned counsel for the applicant would submit that the applicant was not in exclusive possession of said cannabis and the same was seized from the motorcycle. Thus, the applicant may be released on bail.

5.

Learned counsel for the State, per contra, would oppose the bail application.

6.

Considering the entire facts situation of the case, as also for the fact that the applicant is in jail since 26-9-2021, I am of the opinion that present is a fit case to release the applicant on regular bail.

7.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in 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.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Gowri Judge