High Court Of ChhattisgarhMCRC/918/2019allowed

Mohd. Shamim @ Babu v. State Of Chhattisgarh

2019-02-20Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 918 of 2019 Mohd. Shamim @ Babu S/o Mohd. Ibrahim Aged About 21 Years R/o Pakka Ghoda, Khongapani, Police Station- Jhagrkhand, DistrictKorea, Chhattisgarh. Presently R/o At Village- Gharaon, Police Station- Dhanpur, District- Chandoli, Uttar Pradesh., District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationJhagrakhand, District- Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh.

---- Respondent For the Applicant :

Shri Anil Gulati, Advocate For the State :

Shri SRJ Jaiswal, 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.79/2007 registered at Police Station Jhagrakhand, District Korea (C.G.) for the offence punishable under Section 20(B) of NDPS Act.

3. Case of the prosecution, in brief is that applicant is facing trial under 20(B) of NDPS Act. He had jumped the bail and bond on 04/07/2008. On 04/11/2011 permanent arrest of warrant issued against him. On the execution of such warrant he was arrested on 25/10/2018.

4. State counsel opposes the bail application. He further submits that no criminal antecedents against the applicant.

5. 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 two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in such type of crime in future, he shall be released on bail.

6. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde