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High Court Of ChhattisgarhMCRC/508/2019allowed

Chhotelal @ Chotaiya Choudhary v. State Of Chhattisgarh

2019-02-07Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 508 of 2019 Chhotelal @ Chotaiya Choudhary, S/o late Nandu Choudhary, aged about 54 years, R/o Patgawan, Choudhary Mohalla, Police Station Pendra, District Bilaspur (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Pendra, District Bilaspur (CG). ---- Non-applicant For Applicant : Mr. Sunil Sahu, Advocate appearing on behalf of Mr. Yogendra Chaturvedi, Advocate.

For Non-applicant : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07.02.2019 1.

This is second 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.127/2018 registered at Police Station Pendra, District Bilaspur for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act. 3.

The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 02.07.2018 passed in M.Cr.C. No.4153/2018. 4.

Case of the prosecution, in brief is that on 03.04.2018 at village Patgawan, from the house of the applicant 13 plants of cannabis total weight 2.230 kg had been seized.

5.

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.

6.

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.

7.

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. 8.

Certified copy as per rules.

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