Manish Kumar Gupta v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3073 of 2019 • Manish Kumar Gupta S/o Late Rajkumar Gupta Aged About 19 Years R/ovillage Chainpur Police Station Daltonganj District Palamu Jharkhand Presently R/o Thanganpara, Ambikapur Police Stastion Kotwali Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Jainagar, District Surajpur Chhattisarh., District : Surajpur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Nishi Kant Sinha, Advocate.

For Non-applicant : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.05.2019 1.

This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.

2. Earlier, the first bail application of the applicant has been allowed by this Court on 17.08.2017 in MCRC No. 4733 of 2017.

3. Perused the Case Diary provided by the learned counsel for the State in connection with crime No. 59/2017 registered at Police Station - Jainagar, District Surajpur (C.G.) for the offence punishable under Sections 20 B of the NDPS Act.

4. The applicant is facing trial under NDPS Act. During the trial applicant was absent and non bailable warrant was issued against him. In the execution of the warrant he was arrested and now he is in jail.

5. Learned counsel for the applicant submitted that in future applicant will regularly appear before the trial Court, thus, he may be released on bail. 6.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicant.

7. Looking to these 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 two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not leave the territory of the Chhattisgarh State without obtaining prior permission of the trial Court, he will 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.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore