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High Court Of ChhattisgarhMCRC/2029/2019allowed

Mohammad Azhar v. State Of Chhattisgarh

2019-08-20Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2029 of 2019 • Mohammad Azhar S/o Mohammad Afzal, Aged About 25 Years, R/o Sanjay Nagar, Police Station Tikrapara, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Golbazar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ----Non-applicant For Applicant - Shri Navin Shukla, Advocate. For Non-applicant/State - Shri Adil Minhaj, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20-08-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 04-03-2019 in connection with Crime No.54/2019 registered at Police Station - Golbazar, District Raipur, Chhattisgarh for the offence under Section 18 of Narcotic Drugs and Psychotropic Substances Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 04-03-2019. No case is made out against the applicant. Therefore, it is prayed that the applicant may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Police personnel of P.S. Golbazar, District Raipur made a seizure of 230 grams of Charas, narcotic substance valuing of Rs. 57,500/- from the shop of this applicant. Hence, this case.

6.

Considering that this applicant is presently facing trial, further, he is local

-2resident of District Raipur and he has no criminal antecedent, I feel inclined to allow this application.

7.

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

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil