Dinesh Khatik @ Baba v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6323 of 2019 • Dinesh Khatik @ Baba S/o Late Shri Ram Singh Khatik Aged About 24 Years R/o Near Mama Bhanja Pound, Beside D.P. College, Tikra Para, Police Station City Kotwali, Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Bilaspur Chhattisgarh ---- Non Applicant For the Applicant :

Shri Ishan Verma, Advocate For Non Applicant :

Shri Vaibhav K. Agrawal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 01.10.2019

1. This is third bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.

2. Earlier, the first bail application of the applicant was dismissed for want of prosecution by this Court vide order dated 16.08.2019 passed in MCRC No.4703/2019, his second bail application was dismissed as withdrawn with liberty by this Court by order dated 17.09.2019 passed in MCRC No.5773 of 2019.

3. Perused the case diary provided by the learned counsel for the State in connection with Crime No.237/2018 registered at Police StationCity Kotwali, District- Bilaspur (C.G.) for the offence punishable under Section 20(B) (ii-B) of the NDPS Act, 1985.

4. Applicant is facing trial for the offence punishable under Section 20(B)

of NDPS Act and 1.450 k.g. cannabis seized from his possession.

5. Counsel for the applicant submitted that applicant was bailed out by the trial Court, he was absent on 14.05.2019 in the trial Court thereafter, he was arrested on the execution of arrest warrant issued by the trial Court, thus he may be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application and submits that two other criminal cases have been registered against the applicant out of which one under IPC and another under CrPC.

7. Looking to the above mentioned facts and circumstances of the case, the bail application is allowed. Looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if applicant furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond of Rs.50,000/- to the satisfaction of the concerned Court with the condition that he shall not involve in such type of crime in future, 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 be released on bail.

8. Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul