Sushil Kumar Yadav & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8210 of 2018

1. Sushil Kumar Yadav, S/o Ram Murat, aged about 20 years, R/o Village Sevti, P.S. Kamasin, District Banda (UP).

2. Sandeep Kumar Yadav, S/o Buddha Yadav, aged about 22 years, R/o Tirkumasigangu, P.S. Rajapur, District Chitrakut (UP). ---- Applicants

Versus

State of Chhattisgarh, through Police Station Kukanaar, District Dantewada (CG). ---- Non-applicant For Applicants : Mr. P.R. Patankar, Advocate.

For Non-applicant : Mr. Neeraj Kumar Sharma, Dy.G.A.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 02.01.2019 1.

Case diary is not produced.

2.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

3.

Perused the copy of charge-sheet provided by the counsel for the applicants in connection with Crime No.17/2018 registered at Police Station Kukanaar, District Dantewada for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act. 4.

Case of the prosecution, in brief is that on 24.07.2018 Sub Inspector Chakradhar Baagh posted at police station Kukanaar has seized 5.100 kg cannabis from the possession of the applicant No.1-Sushil Kumar Yadav and 5.080 kg cannabis from the possession of the applicant No.2-Sandeep Kumar Yadav.

5.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they may be released on bail.

6.

On the other hand, counsel for the State opposes the bail application. 7.

As per photocopy of arrest memo of applicant No.1-Sushil Kumar Yadav, no criminal antecedent reported against him. 8.

As per photocopy of arrest memo of applicant No.2-Sandeep Kumar Yadv, no criminal antecedent reported against him. 9.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicants furnish one solvent surety for a sum of Rs.25,000/- each along with a personal bond of Rs.25,000/- each to the satisfaction of the concerned Trial Court, they be released on bail.

10.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE