Rajendra Verma @ Kariya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5638 of 2018 Rajendra Verma @ Kariya S/o Bhagwandin Verma Aged About 24 Years R/o- Nearby Sajan Talab Hussain Ganj Maudaha, District Hamidpur (U.P.), Presently Residing At Lic-37, Housing Board Colony, Sejbahara, Police Station Mujgahan, Raipr, District- Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- Police Station Mujgahan, District- Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Pankaj Agrawal, Advocate For the State :

Ms. Smita Ghai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /08/2018

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 learned counsel for the State in connection with the Crime No. 188/2017 registered at Police Station Mujgahan, 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 10/08/2017 at about 23.35 hours at LIG 37, Housing Board Colony, Sejbahar Raipur, Sub Inspector Manohar Sinha seized 7 Kg. 900 grams cannabis 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.

6. Looking to the above mentioned facts and circumstances of the case and as per the statement of the Govt. Advocate there is no antecedent against the applicant, this Court is inclined to give the benefit of Section 439 of the Cr.P.C. to the present applicant.

7. Consequently, the bail application filed under Section 439 of the Cr.P.C., is allowed. It is directed that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Court with the condition that he shall 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.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde