High Court Of ChhattisgarhMCRC/1250/2019allowed

Narendra Yadav & ANR. v. State Of Chhattisgarh

2019-03-07Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1250 of 2019 1.

Narendra Yadav S/o Shankar Lal Yadav Aged About 29 Years R/o Ward No. 2, Lawan, District- Balodabazar-Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh 2.

Kaushles S/o Banshilal Aged About 18 Years R/o Ward No.1 Thna- Kasdol, DistrictBalodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Saliha, District- Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Non-applicant For Applicants : Mr. Tanuj Patwardhan, Advocate.

For Non-applicant : Shri Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07.03.2019

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

2. Perused the case diary provided by the learned counsel for the State in connection with crime No.03/2019 registered at Police Station Saliha, District- BalodabazarBhatapara, (C.G.) for the offence punishable under Section 20(b) of the NDPS Act.

3. Case of the prosecution, in brief is that on 19.01.2019 Sub Inspector Vikash Rai posted at police station Saliha seized 2.720 Kg cannabis from the joint possession of the applicants.

4. Learned counsel for the applicant submits that the applicants have no criminal background. They are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicants.

6. Looking to these 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 each applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore