Kaushal Kurre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5982 of 2016 Kaushal Kurre, S/o Shri Rajaram Aged About 40 Years (Age Wrongly Mentioned As 70 In The Impugned Order), R/o Village Devarhat, Police Station Lalpur, Tahsil Lormi, District Mungeli, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Lalpur, District Mungeli, Chhattisgarh.

---- Respondent For applicant - Shri P.P. Sahu, Advocate.

For Respondent/State - Shri Vinod Tekam, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 3/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.130/2016 registered in Police Station Lalpur, District Mungeli (C.G.) for offence punishable under sections 20-B of Narcotic Drugs and Psychotropic Substance Act. 2.

As per the prosecution case, on 28/07/2016 the applicant alongwith other co-accused were travelling in a motorcycle, on secret information received that they were carrying cannabis and motorcycle having been intercepted from the five different accused total 8.500 kg of cannabis were recovered.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and only 500 gms were alleged to have been recovered from the applicant and the cannabis not been shown to be in joint possession, therefore applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail, however he is not able to dispute the fact that individual recovery has been made and from the applicant only 500 gms of cannabis were

recovered.

5.

Considering the facts and circumstances of the case and the quantity of the recovery made which is alleged to be of 500 gms of cannabis, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri