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High Court Of ChhattisgarhMCRC/4399/2019allowed

Anuj Kant Shukla v. State Of Chhattisgarh

2019-08-30Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4399 of 2019 • Anuj Kant Shukla S/o Brijesh Kumar Shukla Aged About 25 Years R/o Village Dahilamau, Sukulpur, Police Station Kotwali, District Pratapgarh, Uttar Pradesh ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Station House Officer, Police Station - GRP, District Raipur Chhattisgarh ---- Non Applicant For the Applicant :

Mr. Samdarsha Nirankari, Advocate For Non Applicant :

Mr. Ravi Maheshwari, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 30.08.2019

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. Perused the case diary provided by the learned counsel for the State in connection with Crime No. 50/2019 registered at Police StationGRP, District- Raipur (C.G.) for the offence punishable under Section 25(1)(B) Arms Act.

3. Case of the prosecution, in brief is that on 12.03.2019 at about 09.40 hours, at Auto Stand Railway Station Raipur, one magazine filled with 9 live cartridges was seized from the possession of the applicant by Sub-Inspector L.S. Rajput, GRP Raipur.

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

the present case, therefore, he may be released on bail.

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

6. Looking to the above mentioned 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 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 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 be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge pm