High Court Of ChhattisgarhMCRC/5252/2018dismissed

Mohd. Farid v. State Of Chhattisgarh

2018-09-26Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5252 of 2018 Mohd. Farid S/o Abdul Hamid Aged About 24 Years R/o Bandhwapara, Purani Basti, Raipur District Raipur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Raipur District Raipur Chhattisgarh. ---- Respondent For the Applicant :

Ms. Sunita Sahu, Advocate For the State :

Shri Wasim Miyan, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /09/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the counsel for the State in connection with the Crime No. 212/2018 registered at Police Station City Kotwali, Raipur, District Raipur (C.G.) for the offence punishable under Section 20(B) of NDPS Act.

3. Case of the prosecution, in brief is that on 01/07/2018 Sub Inspector Jitendra Dubey, Police Station City Kotwali, Raipur seized 2.500 Kgs. Cannabis has been seized from the possession of the applicant.

4. Learned counsel for the applicant submits that applicant is innocent and 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. He further submits that 10 other criminal cases have been registered against the applicant out of which 1 case under NDPS Act, 2 cases under Excise Act, 3 cases under Arms Act and 4 cases under IPC.

6. Counsel for the applicant further submits that applicant has already acquitted from all those cases.

7. Looking to the facts and circumstances of the case, looking to this fact that 10 other criminal cases have been registered against the applicant, looking to the seriousness of the alleged offence and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

8. Consequently, the MCRC is dismissed.

Sd/-- (Sharad Kumar Gupta) Judge Kamde