High CourtsSingle Bench

Babu Nag And Ors vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 10 May 2021 · Citation: (2021) 05 CHH CK 0057

HON’BLE JUDGES
NK Chandravanshi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(B)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 44 Of 2021
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Judgment

15 paragraphs · 262 words

N.K. Chandravanshi, J

1.

This is an application filed under Section 439 of the Cr.P.C. by the applicants to release them regular bail in which they have been arrested on

02/12/2020 in connection with Crime No.206/2020 registered in Police Station Charama, District Uttar Bastar, Kanker (C.G.) for the offence

punishable under Section 20-B of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

2.

Case of the prosecution, in brief is that on 02/12/2020 acting upon information received from the informer the Police of Police Station Charama

seized 3 Kg. and 5.20 Kg. Cannabis (Ganja) from the illegal possession of the accused Babu Nag and Komlu Pange respectively.

3.

Counsel for the applicants submits that the applicants are innocent, investigation officer and informant are the same, applicants are in jail since

02/12/2020 hence they may be granted regular bail.

4.

Counsel for the State submits that there is no antecedents of the applicants are reported in police case diary.

5.

Looking to the facts and circumstances of the case, quantity of cannabis (Ganja), period of judicial custody, I am inclined to grant regular bail to the

applicants.

6.

Accordingly, bail application filed by the applicants under Section 439 of CrPC is granted. It is directed that if the applicants furnish one solvent

surety for a sum of Rs. 25,000/- each along with one personal bond of Rs. 25,000/- each to the satisfaction of the trial Court concerned for their

appearance as and when directed by the trial Court. Applicants be released on bail accordingly.

7.

Certified copy as per rules.