Sunil Lakda v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 958 of 2019 Sunil Lakda S/o Juvel Lakda Aged About 27 Years R/o Muktipara, Post Fundurdihri, Police Station Gandhinagar, Tahsil Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh. ---- Applicant

Versus

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

---- Respondent For the Applicant :

Shri Anil Gulati, 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.10/2019 registered at Police Station Baikunthpur, District Korea (C.G.) for the offence punishable under Section 22 (B) of NDPS Act.

3. Case of the prosecution, in brief is that on 15/01/2019 Assistant Sub Inspector J.D. Kushwaha posted at Police Station, Baikunthpur seized 5.500 gram brown sugar 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. Alleged seized brown sugar is more than small quantity but less than commercial quantity.

7. 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.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde