Kartaal Singh Bhargav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 3592 of 2018 Kartaal Singh Bhargav S/o Laxman Singh Bhargav, aged about 25 years, R/o village Budgahan, Police Station Baloda, District Janjgir-Champa (CG) at present R/o B-1371, Krishna Vihar, NTPC, Darri, Tahsil Katghora, District Korba (CG) ---- Applicant

Versus

State of Chhattisgarh through Station House Officer, Police Station Darri, District Korba (CG) ---- Respondent For Applicant :

Shri Sanjay Kumar Agrawal, Advocate For Respondent/State :

Shri Lav Sharma, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 16/05/201 This is the repeat bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicant who is in jail since 01.02.2018 in connection with Crime No. 18/2018 registered at Police Station- Darri, District Korba (CG) for the offence punishable under Section 20(b)(c), 22(c) of NDPS Act and Section 182, 120B of IPC.

2.

The earlier bail application was dismissed for want of prosecution vide order dated 02.05.2018.

3.

The case of the prosecution against the present applicant is that he tried to implicate the owners of an electrical shop namely Harshit in a case under NDPS Act. The applicant is said to have got 2 1⁄2 Kg. Ganja , placed it in a bag and kept it in the shop of Harshit. Thereafter, he rang up the Police authority giving information in respect of the contraband.

Subsequently, the Police reached the spot and found the contraband from the shop of Harshit. On verification, the Police came to know that the said contraband was placed in the shop of Harshit by the applicant. Later on, the mobile phone and SIM card used by the applicant was also recovered at his instance.

4.

Counsel for the applicant submits that it is a case where the applicant has been falsely implication on account of some family dispute between the owners of the shop and aunt of the applicant and in the process, the applicant has been falsely implicated. 5.

Considering the entire facts and circumstances of the case, particularly the age of the applicant and also there being no past antecedent of the applicant, in addition, the applicant is not alleged to be a peddler of the contraband and also considering the period of custody undergone, this Court is of the opinion that prima facie a strong case for grant of bail has been made out.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant will be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. Sd/- (P. Sam Koshy) Bhola