Durgendra Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 293 of 2019 Durgendra Kumar, S/o Ganga Prasad, aged about 19 years, R/o Village Mausarki, P.S. Mahrajganj District Raybareli (U.P.). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Nagarnaar District Bastar (CG). ---- Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate.

For Non-applicant : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.209/2018 registered at Police Station Nagarnar, District Bastar for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act.

3.

Case of the prosecution, in brief is that on 04.11.2018, Sudhram Netam, A.S.I. posted at police station Nagarnar seized 04 kg cannabis from the possession of the applicant.

4.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent is reported against the applicant in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned Trial Court, he be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE