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High Court Of ChhattisgarhMCRC/7040/2017allowed

Gourav Tiwari And ANR. v. State Of Chhattisgarh

2017-12-13Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7040 of 2017

1. Gourav Tiwari & Anr. S/o Dinesh Tiwari, Aged About 23 Years R/o Jorapara, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh.

2. Raju Dewangan, S/o Ashok Dewangan, Aged About 24 Years R/o Ward No. 24, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Pandaria, District Kabirdham Chhattisgarh.

---- Respondent Ms. Nirupama Bajpai, counsel for the applicant/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/12/2017 Heard.

The applicants have been arrested in connection with Crime No.136/2017 registered at Police Station - Pandaria, District - Kabirdham CG) for alleged commission of offences under Section 20 ([k ) (2) ( c ) of the NDPS Act. 2.

Case of the prosecution is that the applicants are involved in trafficking of ganja.

3.

Learned counsel for the applicant submits that the applicants are falsely implicated and false seizure have been made. Therefore, the applicants may be granted bail.

4.

On the other hand, learned State counsel opposes bail application and submits that from two accused persons, total 5.6 kgs of ganja was seized. 5.

Taking into consideration the submission of learned counsel for the parties, quantity of ganja alleged to be seized and also that the applicant is in jail since

31/08/2017, investigation is complete, charge sheet has been filed, I am inclined to grant bail to the applicants.

6.

Accordingly, the application is 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/- along with two local sureties for the like amount to the satisfaction of the Trial Court. They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti