High Court Of ChhattisgarhMCRC/1962/2021allowed

Shubham Kumar Goud v. State Of Chhattisgarh

2021-06-07Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.1962 of 2021 • Shubham Kumar Goud S/o Shri Ashok Kumar Goud, Aged About 25 Years R/o Village Koshavrai, Purwa, P.S. Sadar, District Pratapgarh (Uttar Pradesh) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Devendra Nagar, District Raipur Chhattisgarh ---- Non-applicant For Applicant : Mr. C.R. Sahu, Advocate.

For Non-applicant/State : Mr. Alok Nigam, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07-06-2021Sd/-

1. Heard on the application filed under Section 439 of the Cr.P.C. This is the first bail application filed for grant of regular bail. The applicant has been arrested on 20.02.2021 in connection with Crime No.30/2021 registered at Police Station- Devendra Nagar, Raipur, District- Raipur, C.G. for offence punishable under Sections 20(B) Narcotic Drugs & Psychotropic Substances Act.

2. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. No recovery of contraband has been made from the possession of this applicant. He has been roped in only because he was in company of the other accused person. Charge-sheet has also been filed. Hence, it is prayed that this application may be allowed.

3. Learned counsel for the State/non-applicant opposes the application and submits that applicant is the respondent of U.P., therefore, if he is

-2called, he may not be available for trial, therefore, it is prayed that this application may be rejected.

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, 7 kg. ganja was seized from the possession of the co-accused person, while this applicant has accompanied him in this case. Hence, he has been arrested in this case. Hence, this case.

6. Considered on the submissions and the facts of the case, I feel inclined to allow this application.

7. Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with two local surety each in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika