High Court Of ChhattisgarhMCRC/9033/2020allowed

Shankar Lashkar v. State Of Chhattisgarh

2021-03-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 9033 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9033 of 2020 • Shankar Lashkar S/o Gharbharan Lashkar Aged About 34 Years R/o Village Baroudhi, Tahsil Bhaiyathan, P. S. Bhatgaon, District Surajpur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Chowki Prabhari, Khadgawankla, Police Station Pratappur, District Surajpur Chhattisgarh ---- Respondent For Applicant :- Mr. Gyan Prakash Shukla, 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.159/2020, registered at Police Station Chowki Khadgawankla, Police Station Pratappur, District Surajpur C.G. for the offence punishable under Section 20 (B) of the NDPS Act.

3. As per the prosecution case, applicant along with coaccused was found in illicit possession of 1 kg and 300 grams of cannabis (ganja) out of which 800 grams was seized from the present applicant and remaining 500 grams

MCRC No. 9033 of 2020 was recovered from the co-accused namely; Phulmati Dewangan.

4. Learned counsel for the applicant would submit that coaccused Phulmati Dewangan has already been released on bail by the trial Court, therefore, the present applicant is also entitled for grant of bail.

5. Learned State counsel would oppose the prayer for grant of bail. However, he would submit that the concerned SHO has not reported any previous antecedent of the applicant's involvement in committing similar nature of crime.

6. Considering the fact that the applicant is in jail since 08.10.2020 i.e., for more than 4 months and also for the fact charge-sheet has already been filed, I am inclined to release the applicant on bail.

7. 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