Allowed

Anto Kumar Yadav v. State of Chhattisgarh

Chhattisgarh HC12 Feb 2024MCRC/509/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding arrest for possessing ganja under the N.D.P.S. Act, the High Court of Chhattisgarh granted bail, noting the applicant is a local resident with no criminal antecedents and no likelihood of absconding.

What did the court decide?

Release on regular bail upon furnishing a bail bond of Rs.25,000/- with one surety in the like sum, subject to conditions of court appearance and no tampering with witnesses.

Anto Kumar Yadav Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRC No. 509 of 2024

¶5

1- Anto Kumar Yadav S/o Kheer Sindhu Yadav Aged About 39 Years, R/o Village Barkhuriya Gahanajhariya, District Raigarh (C.G.)

¶6

---- Applicant

¶7

Versus

¶8

1- State Of Chhattisgarh, Through - Station House Officer, Police Station City Kotwali, District Raigarh (C.G.)

¶9

---- Respondent

¶10

For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For Respondent/State : Ms. Shubhra Shrivastava, P.L.

¶11

Hon'ble Shri Justice Parth Prateem Sahu

¶12

Order On Board

¶13

13/02/2024

¶14

Applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested in connection with Crime No.914/2023, registered at Police Station – City Kotwali, District – Raigarh (C.G.) for offence punishable under Section 20 (B) of N.D.P.S. Act.

¶15

As per the prosecution case based on the secret information received on 24.12.2023 that one person and one woman have possessed contraband Ganja were standing at CMO Tiraha Road, police reached to the spot and during search seized 4.00 Kg contraband Ganja from applicant and he was arrested.

¶16

¶17

Learned counsel for applicant submits that applicant has been falsely implicated in this case. Applicant has not committed any offence as alleged. Charge-sheet in this case has been filed. Applicant is in jail since 24.12.2023. Seizure of alleged contraband is from open place and not from exclusive possession of applicant. It is also contended that there is no criminal antecedents of like nature against applicant. Hence, applicant may be released on bail.

¶18

Learned counsel for State opposes the submission of learned counsel for applicant, however, he do not dispute with regard to place of interception of applicant and further there is no other criminal antecedent of applicant.

¶19

¶20

I have heard learned counsel for the parties.

¶21

Taking into consideration the facts and circumstances of the case, nature of allegation against applicant, applicant is resident of District -Raigarh C.G. and there is no likelihood of his absconding, and further submission of learned counsel for State that there is no criminal antecedent of like nature against applicant, without commenting anything on merits of the case, I am inclined to allow this bail application.

¶22

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail upon his furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the

¶23

¶24

satisfaction of the Court below on the conditions that:-

¶25

a). Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

¶26

(b). Applicant shall not, in any manner, tamper with the prosecution witnesses.

¶27

c). If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

¶28

Certified copy as per rules.

¶29

Sd/- (Parth Prateem Sahu) Judge

¶30

Balram

Anto Kumar Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anto Kumar Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak Thakur Vs State of Chhattisgarh

Shiva Kumar Chandravanshi Vs State of Chhattisgarh

Bilal Khan Vs State of Chhattisgarh

Gautam Kundu Vs State of Chhattisgarh

Gajendra Chandravanshi Vs State of Chhattisgarh

Ganesh Das Manikpuri Vs State of Chhattisgarh