Sakirtan Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5889 of 2019 • Sekh Eastak S/o Sekh Afheem Aged About 32 Years Caste - Musalmaan, R/o Village - Rokbahar, Police Station Bagbahar, District - Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pathalgaon, District - Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Respondent MCRC No. 5995 of 2019 • Sakirtan Yadav S/o Khetromini Yadav, Aged About 33 Years R/o Village - Khajridhap, Buldega Police Station Bagbahar, District - Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pathalgaon, District - Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Respondent For Applicant : Shri Sanjeev Kumar Sahu, Advocate For Respondent/State : Smt. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 14/11/2019 As both these M.Cr.C's arise out of the same crime number

they are being disposed of by this common order. The applicants have filed these applications under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 112/2019 registered at police station Pathalgaon, district Jashpur (CG) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act.

Case of the prosecution is that on receiving secret information, the police intercepted and seized 20 kgs, and 923 grams of contraband (ganja) from the possession of the applicants which was being transported to Ambikapur.

Counsel for the applicants submits that the applicants have been falsely implicated and that they have no criminal antecedents. It is further submitted that the applicants are in jail since 01.06.19; the charge sheet has already been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion therefore they may be released on bail.

On the other hand, learned counsel for the State opposes the bail applications.

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure are allowed. It is directed that in the event of the applicants' furnishing a

personal bond of Rs. 50,000/- each with one surety in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail. Sd/- (Rajani Dubey) Judge suguna