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High Court Of ChhattisgarhMCRC/4448/2019allowed

Rohit Singh v. State Of Chhattisgarh

2019-07-31Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4448 of 2019 Rohit Singh S/o Dalol Singh Aged About 19 Years R/o Village Jhara Post Office Chitrao Tahsil Jaisingh Nagar District Sahdol Madhya Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Chowki Bastar Thana Kotwali Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh . ---- Respondent ALONG WITH MCRC No. 4571 of 2019 Ravendra Dubey S/o Ramkhilawan Dubey Aged About 26 Years R/o Village Ravannath Post Karkari Police Station Budhar District Shahdol Madhya Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Kotwali District Bastar Chhattisgarh.

---- Respondent For the Applicants :

Shri P.K. Tulsyan, Advocate appearing on behalf of Shri Vikas Shrivastava, Advocate (MCRC No. 4448/2019) :

Shri P.K. Tulsyan, Advocate (MCRC No.

4571/2019) For the State :

Ms. Sangeeta Mishra, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /07/2019

1. Both bail applications arise out of a common Crime No.254/2019 registered at Police Chowki Bastar, P.S. Kotwali Jagdalpur, District Bastar for the offence punishable under Section 20 (B) of NDPS Act, therefore, they are being heard analogously and decided by this common order.

2. The applicants have preferred these first bail application under Section 439 of CrPC and there is no bail applications are pending before any other Court.

3. Case of the prosecution, in brief is that on 03/05/2019 near Parchanpal Chowk at village Parchanpal, Assistant Sub Inspector Daljeet Singh Thakur posted at Outpost Chowki Bastar seized 5 Kgs. Cannabis from the possession of applicant Rohit Singh and 10 Kgs. Cannabis from the possession of applicant Ravendra Dubey.

4. Learned counsel for the applicants submits that they are innocent and falsely implicated in the present case, therefore, they may be released on bail.

5. On the other hand, counsel for the State opposes the bail applications. He further submits that no criminal antecedents against the applicants.

6. Looking to the facts and circumstances of the case, looking to the evidence available on record against the applicants it is ordered that if the applicants furnishes one solvent surety for a sum of Rs. 25,000/- each along with one personal bond of Rs. 25,000/- each to the satisfaction of the trial Court concerned with the condition that they shall not involve in similar type of crime in future, they shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde