Laxmikant Choudhary v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1868 of 2019 • Laxmikant Choudhary S/o Monu Choudhary @ Nunu Aged About 24 Years Caste- Kenwat, R/o Navtoli, Police Station- Rajnagar, District- Madhubani, Bihar ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Chowki- G.R.P. Durg, District- Durg, Chhattisgarh ----Non Applicant For the Applicant :

Shri Navin Shukla, Advocate For Non Applicant :

Shri Ashutosh Pandey, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.04.2019 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 learned counsel for the State in connection with Crime No.01/2019 registered at Police Station- Chowki G.R.P. Durg, DistrictDurg (C.G.) 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 10.01.2019 at about 20:30 hours at Platform No.1/6 Railway Station Durg Assistant ASI Rajendra Singh posted at G.R.P. Chowki Durg seized 10 kg cannabis from the possession of applicant. 4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

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

6.

Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned trial Court, he shall be released on bail.

7.

Certified copy as per rules.

Sd/-Sd/- (Sharad Kumar Gupta) Judge Parul