Khemraj Patel v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2611 of 2019 Khemraj Patel S/o Late Shri Lambodar Patel Aged About 58 Years Caste Aghariya, R/o Village Durgapali, Police Station Sarayapali, Tahsil Basna, District Mahasamund Chhattisgarh,, District : Mahasamund, Chhattisgarh ---- Applicant

Versus

The State Of Chhattisgarh Through Officer In Charge Of Police Station Saraypali, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh.

---- Respondent For the Applicant :

Shri Roop Naik, Advocate For the State :

Shri Ashutosh Pandey, 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.117/2019 registered at Police Station Saraypali, District Mahasamund (C.G.) for the offence punishable under Section 29 B of NDPS Act.

3. Case of the prosecution, in brief is that on 02/04/2019 at about 16.50 hours, near Bagaijor nullah Sub Inspector Laxmi Narayan Sao seized 10 Kgs. Cannabis from the possession of 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