Bhargavi Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8044 of 2019 Bhargavi Yadav, aged about 40 years, wife of Digbal Yadav, resident of Village Ward No. 8 Nayapara, near Mixtures Factory, Mahasamund, Thana - Mahasamund, Tahsil and District - Mahasamund (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station - Mahasamjnd, Disrict Mahasamund ----Non-applicant For Applicant : Mr. Vikash Pradhan, Advocate. For Non-applicant : Mr. Wasim Miyan, Panel Lawyer. Hon'ble Smt. Justice Rajani Dubey Order On Board 28/01/2020 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 385/2019 registered at Police Station Mahasamund, District Mahasamund for the offence punishable under Section 20-B of the N.D.P.S. Act. (2) It is the case of the prosecution that on 30.9.2019, a secret information, police has recovered 10 kgs Ganja (Cannabis) from the possession of the applicant, which he was carrying unauthorisedly for sale.

(3) Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the other coaccused person has already been granted bail by this Court on 16.12.2019 in MCRC No. 6972 of 2019, applicant is in custody since 30.09.2019, since, the trial will take some time,

he may be released on bail.

(4) Per contra, learned counsel appearing on behalf of the State opposes the bail application.

(5) I have heard learned Counsel for the parties. (6) Considering the facts and circumstances of the case, the detention period of the applicant, and further considering the fact that other co-accused persons have already been granted bail by this Court, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail. (7) Accordingly, the bail application is allowed. (8) It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs.50,000/- with one local surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Sd/- (Rajani Dubey) Judge Dubey/-