High Court Of ChhattisgarhMCRC/9/2019disposed off

Dharmendra Yadav v. State Of Chhattisgarh

2019-01-23Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9 of 2019 Dharmendra Yadav S/o Shri Raman Singh Yadav Aged About 19 Years R/o Village Chhitapar Police Station Dhansour ,district Shivni Madhya Pradesh, District : Seoni, Madhya Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer ,police Station Moudahapara Raipur District Raipur Chhattisgarh. ---- Respondent For the Applicant :

Shri B.L. Sahu, Advocate For the State :

Shri Sumit Jhawar, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.116/2018 registered at Police Station Moudahapara Raipur District Raipur (C.G.) for the offence punishable under Section 20 (B) of NDPS Act.

3. Case of the prosecution, in brief is that on 23/05/2018 about 19.30 hours at Marhimata Chowk, Raipur Sub Inspector H.P. Sinha posted at Police Station, Moudahapara seized 5 Kgs. Cannabis from the possession of the applicant.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde