Dinesh Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1827 of 2019 • Dinesh Tiwari S/o Late Sankata Prashad Tiwari Aged About 52 Years R/o Tikrapara Near Shiv Talkies Behind Mamta Tent House DisrtictBilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Bodhghat, District- Bastar, Chhattisgarh ---- Respondent For applicant Mr. Vikas Shrivastava, Adv.

For non-applicant/State Mrs. M. Asha, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 3-41. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. Perused the case diary.

3. The applicant has been arrested in connection with Crime No. 322/2018 registered in police station Bodhghat, Distt. Bastar (CG) for offence punishable under Section 20(B) of the NDPS Act.

4. Prosecution story in brief is that on 30-9-2018 at Railway Station, Jagdalpur, Sub Inspector Parmanand Thakur, PS Bodhghat, Distt. Bastar seized 9.500 kg cannabis from the applicant.

5. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

6. On the other hand, the State Counsel opposed the bail application. He further submits that one more case under the provisions of NDPS Act has been registered against applicant.

7. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in similar type of offence in future, he be released on bail.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak