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High Court Of ChhattisgarhMCRC/2044/2018allowed

Chhannu Lal Kurre v. State Of Chhattisgarh

2018-05-07Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2044 of 2018 • Chhannu Lal Kurre S/o Dukalu Kurre Aged About 55 Years R/o- Mini Basti Jarhabhatha, Police Station- Civil Line, Bilaspur, DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station Civil Line Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Amit Singh Chouhan, Advocate.

For Respondent :

Mr. Aditya Sharma, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 07/05/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.878/2017, registered at Police Station-Civil Line, District- Bilaspur(C.G.) for the offence punishable under Sections 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 17.11.2017. He is local resident of District-Bilaspur and is ready to abide by all the conditions and directions, which may be imposed while granting bail to him. Hence, it is prayed that applicant be enlarged on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. On the date of incident on 17.11.2017 on a search made by the police personnel of PS-Civil Line, Bilaspur, applicant was found in possession of 2200 piece Nitrocin Tablet and Rexojecic Injection total 450 pieces and Avil Ampul 101 pieces were also seized. Hence, this case.

6. Considered.

7. The previous history of this applicant is only with regard to some proceedings of preventive nature under the provisions of CrPC. Apart from that there is no other criminal antecedent against him. Subsequent to filing of charge-sheet, no purpose would be served if the applicant is kept in detention till the conclusion of trial. For this reason, I am of this view that this is a fit case where applicant should be enlarged on regular bail.

8. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha