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High Court Of ChhattisgarhMCRC/2921/2018allowed

Deepak Kori v. State Of Chhattisgarh

2018-06-26Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2921 of 2018 • Deepak Kori S/o Gopal Kori Aged About 23 Years R/o Vikash Nagar, Guna Police Station Kotwali, District Guna M. P., District : Guna, Madhya Pradesh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Mainpur, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Anant Bajpai, Advocate.

For Respondent :

Mr. Ashok Swarnkar, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 26/06/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.13/2018, registered at Police Station- Mainpur, District- Gariyaband(C.G.) for the offence punishable under Sections 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 19.2.2018. No case is made out against this applicant. Applicant is ready to abide by all the conditions and directions, which may be imposed while granting bail to him. Hence, it is prayed that applicant be enlarged on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. On the date of incident on 19.2.2018 on a search made by the police personnel of PS-Mainpur, applicant was found in possession of 5 kg ganja the narcotic substance, which was seized while he was traveling in a bus and case was registered against the applicant. Hence, this case.

6. Considering on the nature of offence committed and as the case is presently before the trial Court. The trial against the applicant is likely to take some time before its conclusion, for this reason, I am of this view that this is a fit case where applicant should be enlarged on regular bail.

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

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha