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High Court Of ChhattisgarhMCRC/5156/2016allowed

Surendra Kumar v. State Of Chhattisgarh

2016-09-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5156 of 2016 • Surendra Kumar S/o Bhola Ram Yadav Aged About 38 Years R/o Village Kanteli, Police Station Lalpur, District - Mungeli Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Lalpur, District - Mungeli Chhattisgarh ---- Respondent For Applicant :

Mr. Vikash Pandey, Advocate.

For Respondent :

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/09/2016 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. 132/2016, registered at Police Station- Lalpur, DistrictMungeli (C.G.) for the offence punishable under Section 20 (B) of NDPS Act and 34, 25 of Arms Act.

2.

As per the prosecution story on 21/07/2016 an information was received that the applicant is in possession of cannabis and ultimately the police has found 200 grams of cannabis from the possession of the present applicant. 3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case, only 200 grams of cannabis were said to have been recovered from the possession of the applicant and he is in jail since 21/07/2016; therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case and particularly considering that

only 200 grams of cannabis was recovered from the possession of the present applicant and the applicant is in jail since 21/07/2016, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. 7.

It is directed that the applicant shall be released on bail on 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. 8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Rahul