High Court Of ChhattisgarhMCRC/611/2019dismissed

Sanjay Kumar Tripathi v. State Of Chhattisgrh

2019-02-13Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 611 of 2019 Sanjay Kumar Tripathi S/o Birendra Kumar Tripathi Aged About 38 Years Caste Brahman ,r/o Urai Police Station Kotwali District Jaloun Uttar Pradesh ., District : Jalaun, Uttar Pradesh.

---- Applicant

Versus

State Of Chhattisgrh Through Station House Officer ,police Station Keshkal ,district Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh.

---- Respondent For the Applicant :

Shri N.K. Chaterjee, Advocate For the State :

Shri Wasim Miyan, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /02/2019

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.105/2017 registered at Police Station Keshkal, District Kondagaon (C.G.) for the offence punishable under Section 20 (B) of NDPS Act.

3. Case of the prosecution, in brief is that on 17/09/2017 Inspector Sharad Dubey posted at Police Station Keshkal seized 50.490 Kgs. Cannabis from the joint possession of the applicant, co-accused Sanjay Dwivedi and Iqbal Khan.

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. Counsel for the applicant further submitted that applicant is in jail since long back, seizure witnesses have been turned hostile, alleged cannabis was not seized from the exclusive possession of the applicant, thus he may be released on bail.

7. Looking to the facts and circumstances of the case,looking to the huge quantity of the cannabis, this Court is not inclined to give the benefit under Section 439 of CrPC to the applicant, accordingly bail application is dismissed.

Sd/- (Sharad Kumar Gupta) Judge Kamde