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High Court Of ChhattisgarhMCRC/1749/2019allowed

Gajendra Guru And ANR. v. State Of Chhattisgarh

2019-03-28Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1749 of 2019

1. Gajendra Guru, son of Fakir Mohan, aged about 45 years, Caste Lohar.

2. Sadhuram son of Anadi, aged about 50 years, Caste Saura. Both are resident of village and post Rasoda, Police Station and Tahsil Basna, District Mahasamund (CG). ---- Applicants

Versus

State of Chhattisgarh, through Station House Officer, Police Station Sankra, District Mahasamund (CG). ---- Non-applicant For Applicants : Mr. L.C. Dash, Advocate.

For Non-applicant : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 28.03.2019 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 counsel for the State in connection with Crime No.20/2019 registered at Police Station Sankra, District Mahasamund for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act. 3.

Case of the prosecution, in brief is that on 10.02.2019 at about 17:10 hrs in front of Patel Dhaba village Bhagatdevri , A.S.I. Lal Bahadur Singh posted at police station Sankra seized 2 kg cannabis from the joint possession of the applicants.

4.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application, however he submits that no criminal antecedent is reported against the applicants in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicants furnish one solvent surety for a sum of Rs.25,000/- each along with a personal bond of Rs.25,000/- each to the satisfaction of the concerned Trial Court, they be released on bail.

7.

Certified copy as per rules.

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