High Court Of ChhattisgarhMCRC/2535/2020allowed

Tukeshwer v. State Of Chhattisgarh

2020-05-12Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2535 of 2020 • Tukeshwer, S/o - Shri Kuleshwer, aged about 36 Years R/o - Ward No. 1, Bajrang Chowk, Village Raveli, Police Station Panduka, District (Revenue) - Gariaband, District (Civil) - Raipur Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Chura, District Gariyaband Chhattisgarh. ---- Respondent For Applicant Shri Yogesh Chandra Pandey, Advocate.

For Respondent/State Shri Vikram Sharma, Dy. G.A.

Hon'ble Shri Justice Gautam Chourdiya Order in Chamber 12/05/2020

1. The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 05.05.2020 in connection with Crime No. 68/2020 registered in Police Station- Chura, District Gariyaband, C.G. for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Allegation against the applicant is that he was found in illegal possession of 1.6 Kg of Ganja.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in

jail since 05.05.2020, and conclusion of trial is likely to take some time.

4. On the other hand, learned counsel for the State opposes the bail application.

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of ganja, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with two sureties for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.

6. It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench. Sd/- Gautam Chourdiya Judge Akhilesh