Manmohan Mahto v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8271 of 2021

1. Manmohan Mahto S/o Late Shivnath Mahto, Aged about 20 years, Caste Kumhar R/o Village Hurda, Police Station Bano, Distt. Simdega, Jharkhand.

2. Meghnath Yadav S/o Lochan Yadav, Aged about 25 years, R/o Dhourasand, Police Station Farshabahar, Distt. Jashpur, Chhattisgarh.

---Applicants

Versus

State Of Chhattisgarh Through Police Station Farshabahar, Distt. Jashpur, Chhattisgarh.

--- Non-applicant/State For Applicants:- Mr. Sanjeev Kumar Sahu, Advocate For State :- Mr. Ajay Kumrani, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 21/12/2021

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 47/2021, registered at Police Station - Farshabahar, District Jashpur (CG), for the offence punishable under Section 20(b) of the NDPS Act and Section 25 of the Arms Act.

2. Case of the prosecution, in brief, is that 3 kgs of ganja was recovered from one applicant and handmade pistol was recovered from another applicant, and they thereby committed the aforesaid offence.

3. Learned counsel for the applicant would submit that the applicants have not committed any offence and they have falsely been implicated in the crime in question. He would also submit that the applicants are in jail since 19/09/2021, as such, the applicants be released on bail.

4. On the other hand, learned counsel for the State would oppose the bail application.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicants, pre-trial detention and the fact that the quantity of ganja seized is though more than small quantity but it is less than commercial quantity, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 9.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge Harneet