High Court Of ChhattisgarhMCRC/4112/2019allowed

Garmer Singh v. State Of Chhattisgarh

2019-07-30Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4112 of 2019 • Garmer Singh S/o Bahadur Singh Aged About 65 Years R/o G - 114, Veer Sawarkar Nagar, Heerapur, Police Station Kabir Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Office, Police Station Kabir Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicant : Shri Shivendu Pandya, Advocate For Non-applicant : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 30.07.2019

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. 114/2019 registered at Police Station - Kabir Nagar, District Raipur (C.G.) for the offence punishable under Section 15, 18 and 20(B) of the NDPS Act.

3. Case of the prosecution, in brief is that on 13.04.2019 at about 13:30 hrs at Veersawarkar Nagar, Raipur T.I. S.N. Tiwari posted at Police Station Kabir Nagar seized 10.400 Kg of poppy straw from the possession of the applicant.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated

in the present case, therefore, he shall be released on bail.

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

6. Looking to the above mentioned facts and circumstances of the case, looking to the material available in record against the applicant, 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 one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that 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.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore