High Court Of ChhattisgarhMCRC/2494/2019allowed

Banshi Lal Sharma v. State Of Chhattisgarh

2019-04-29Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2494 of 2019 Banshi Lal Sharma S/o Late Shri Manrakhan Sharma, Aged About 57 Years R/o Ward No. 19, Purani Basti, Nagar Jota Fatak, Police Station Tilda, District (Revenue And Civil ) Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station - Tilda Neora, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Yogesh Pandey, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.86/2019 registered at Police Station Tilda Neora, District Raipur (C.G.) for the offence punishable under Section 20 (B) of NDPS Act.

3. Case of the prosecution, in brief is that on 03/03/2019 at about 17 hours, at Jotaroad Tilda Railway Crossing, 1.150 Kg. Cannabis was seized by Assistant Sub Inspector Shankar Lal Verma posted at Police Station Tilda Neora from the possession of the applicant.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the above mentioned 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 the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde