Jagannath Gatan And ORS. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7760 of 2018
1. Jagannath Gatan S/o Mangala Gatan Aged About 28 Years R/o Village Simliyatal, Thana And Tahsil Boipariguda, District Koraput Odisha, District : Koraput, Orissa
2. Paddu Gatan S/o Mangala Gatan Aged About 22 Years R/o Village Simliyatal, Thana And Tahsil Boipariguda, District Koraput Odisha, District : Koraput, Orissa
3. Gupta Galeri S/o Sanu Galeri Nishad Aged About 20 Years R/o Village Simliyatal, Thana And Tahsil Boipariguda, District Koraput Odisha, District : Koraput, Orissa
4. Sadhu Khurudi S/o Chandan Khurudi Aged About 38 Years R/o Village Adari Khal Thana Manjkund, District Koraput Odisha, District : Koraput, Orissa ---- Applicants
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station Bodhghat District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Non-applicant For Applicants : Mr. N. Jaiswal, Advocate.
For Non-applicant : Mr. S. Jhanwar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.12.2018
1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants 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. 185/2018 registered at Police Station - Police Station Bodhghat District Bastar Chhattisgarh (C.G.) for the offence
punishable under Section 20(B) of the NDPS Act.
3. Case of the prosecution, in brief is that on 17.06.2018 Manoj Tirki, Sub Inspector Police Station Bodhghat seized 6 Kg cannabis from applicant No.1 Jagannath. He seized 4 Kg cannabis from applicant No.2 Paddu Gatan. He seized 4 Kg cannabis from applicant No. 3 Gupta Galeri. He seized 4 Kg cannabis from applicant No. 4 Sadhu Khurudi.
4. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.
5. On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicants.
6. Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if each applicant furnishes one solvent surety for a sum of Rs.25,000/- each along with a personal bond of Rs. 25,000/- to the satisfaction of the concerned Trial Court with the condition that he will 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.
7. Certified copy as per rules.
Sd/- (Sharad Kumar Gupta) JUDGE kishore