High Court Of ChhattisgarhMCRC/4427/2019allowed

Himan Lal Ladeshwar v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4427 of 2019 • Himan Lal Ladeshwar S/o Hiraman Ladeshwar Aged About 57 Years R/o Village Handitola, Police Station Chilhati, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Of Police Station Chilhati, District Rajnandgaon Chhattisgarh ---- Non Applicant For the Applicant :

Mr. Abhishek Sharma, Advocate For Non Applicant :

Mr. Ravi Maheshwari, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.

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.51/2019 registered at Police StationChilhati, District- Rajnandgaon (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substance Act, 1985.

3. Case of the prosecution, in brief is that on 15.05.2019, at about 11:35 hrs, at the courtyard of the house of applicant, village Handitola, Inspector Shiv Prasad Chandra posted at Police Station Chilhati, seized 23 numbers of cannabis plants.

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