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High Court Of ChhattisgarhMCRC/4903/2019allowed

Amit Singh v. State Of Chhattisgarh

2019-09-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4903 of 2019

1. Amit Singh S/o Late Ashok Singh, Aged About 42 Years, R/o Shubham Vihar, Police Station - Civil Line Bilaspur, District (Revenue and Civil) Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station - Civil Line Bilaspur, District (Revenue and Civil ) Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant MCRC No. 4923 of 2019

1. Pawan Nirmalkar S/o Pusauram, Aged About 23 Years, R/o Near Uslapur Fatak, Police Station Civil Line Bilaspur, District (Revenue and Civil) Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Civil Line Bilaspur, District (Revenue and Civil) Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicants - Shri Anand Kesharwani, Advocate. For Non-applicant/State - Shri Priayanshu Gupta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-09-2019 1.

As these two applications arise out of the same crime number, i.e., Crime No.435/2019 registered at Police Station Civil Line Bilaspur, District (Revenue & Civil) Bilaspur, Chhattisgarh, for the offence under Section 20 of N.D.P.S. Act, they are being decided by this common order. 2.

These applications have been filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail as they have been arrested on 06-072019 in connection with aforesaid crime number and offence. 3.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. The applicants are in jail since 06-07-2019. The applicants have not committed any offence. They are local resident of District

-2Bilaspur, Chhattisgarh. Therefore, it is prayed that they may be granted bail. 4.

Learned counsel for the State/non-applicant opposes the applications. 5.

Heard learned counsel for the parties and perused the case diary. 6.

Police personnel of P.S. Civil Line Bilaspur, District Bilaspur made a seizure of 05.520 kg. Ganja from possession of applicant Amit Singh (applicant in MCRC No.4903 of 2019) and it was informed by applicant Amit Singh that the said Ganja was given to him by applicant Pawan Nirmalkar (applicant in MCRC No.4923 of 2019). Hence, this case.

7.

As both the applicants are local resident of District Bilaspur and they have no criminal antecedent and further, that the charge sheet has been filed before the trial Court, therefore, I feel inclined to allow both these applications. 8.

Consequently, both these applications filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail are hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil