Sheikh Hamid Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3744 of 2019 Sheikh Hamid Khan, son of late Kallu Khan, aged about 47 years, R/o Village Near Gevra Sirsa Talab in side of Dewangan House, Police Station Pulgaon, District Durg (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Supela, District Durg (CG). ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate.

For Non-applicant : Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 20.06.2019 1.

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

2.

The applicant has been arrested in connection with Crime No.205/2019 registered at Police Station Supela, District Durg for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act. 3.

Case of the prosecution, in brief is that on 25.02.2019 at about 15:00 hrs near Kosanagar Tol Plaza, ASI R.K. Deewan posted at police station Supela seized 4.100 kg cannabis from the possession of the applicant. 4.

Counsel for the applicant submits that the applicant is an innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent is reported against the applicant in police case diary.

6.

Looking to the above facts and circumstances of the case, the bail application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned Trial Court, he be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE