Hansu Gupta @ Prince v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

9 78 of 201 Hansu Gupta @ Prince son of Shri Shiv Prasad Gupta, aged about -26 years, R/o village Kadam Tola, Pyari P.S. Bhalumara, Distt.- Annuppur, Civil and Revenue Distt. Annuppur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh through: Police Station- Pendra, Distt. Bilaspur (C.G.) -----Non-applicant For Applicant:

Mr. M.K. Sinha, Advocate.

For Non-applicant/State:Mr. Dhiraj Kumar Wankhede, Govt Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 07/21015 registered at Police Station Pendra, Distt. Bilaspur (CG) for the offences punishable under Section 20-B of the NDPS Act and Section 25 of the Arms Act. (2) Case of the prosecution, in brief, is that the applicant was found transporting 6 kg of Ganja and one pistol in Ambulance Car, which was coming from Bilaspur to Pendra and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has been falsely implicated in the crime in question as he has not committed any offence. He further submits that the applicant is in jail since 17.10.2015

and no recovery was made from him and it was seized from the Ambulance car and the charge sheet has already been filed and therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the nature and gravity of the offence and recovery of Ganja made from the applicant, I am not inclined to release the applicant on bail. Therefore, the bail application is rejected. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-