Pappu Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6675 of 2018 • Pappu Yadav S/o Dayaram Yadav Aged About 30 Years R/o Village Bibipura, P.O./p.S.- Dostpur, Tahsil And District- Sultanpur Uttarpradesh., District : Sultanpur, Uttar Pradesh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station- Civil Line, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicants : Shri Ritesh Verma, Advocate.

For Non-applicant : Shri S.K. Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.01.2019

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. 648/2017 registered at Police Station - Civil Line, District- Bilaspur, (C.G.) for the offence punishable under Sections 20-B (ii-c) of the NDPS Act, 1985.

3. Case of the prosecution, in brief is that on 29.08.2017 near bus stand near Maharana Pratap Chowk, Sub Inspector Kiran Singh Rajput seized 30 Kg cannabis from the possession of the applicant.

4. Learned counsel for the applicant argued that applicant is in custody since 02.07.2018, all the witnesses have turned hostile in the trial Court, the applicant has no criminal background, he is innocent, 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 facts and circumstances of the case, looking to the huge quantity of the cannabis, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore