Prakash Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.

of 20 • Prakash Kurre S/o Mannalal Kurre Aged About 19 Years R/o Douna, P.S. Pathariya, Civil And Rev. District Mungeli Chhattisgarh. Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Pathariya, Civil And Rev. District Mungeli Chhattisgarh, Chhattisgarh. ---- Respondent For the Applicant :

Shri Pallav Mishra, Advocate.

For the Respondent/State :

Shri Vinod Tekam, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06.03.2018

1. Heard this bail application out of turn for the reason that the present applicant is a student of B. Com (Part- 1) and the annual exam is going to start from 09.03.2018, copy of admit card along-with examination schedule has been produced in support of affidavit.

2. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 640/2017, registered at Police Station - Pathariya, District - Mungeli, (C.G), for the offences under Section 20 (A) Narcotic Drugs and Psychotropic Substances Act.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, he is in jail since 10.12.2017, no case is made out against him in the material

present in the charge sheet. The applicant is ready to abide by all the conditions which may be imposed while granting bail to the applicant, hence, it is prayed that the applicant may be released on bail.

4. Learned counsel for the State opposes the bail application and submission made in this respect.

5. Heard counsel for both the parties and perused the case diary.

6. On search made by police personnel of PS - Pathariya, from the courtyard of the residence of this applicant, one ganja plant was found, it was collected and seized. Hence, this case.

7. Considering the submissions made, contents of the case diary and taking into consideration that the applicants is a local resident and his availability before the trial Court shall not be compromised if he is released on bail, I am of the view that it is a fit case where the applicant is entitled for grant of bail.

8. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9. C.C. Tomorrow.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal