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High Court Of ChhattisgarhMCRC/8135/2018allowed

Maneshwar Jain v. State Of Chhattisgarh

2018-11-28Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8135 of 2018 • Maneshwar Jain S/o Shri Ramapati Jain Aged About 22 Years R/o Village Kokodi, P. S. Kanker, Civil And Revenue District North Bastar Kanker Chhattisgarh, District : Kanker, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Narharpur, District North Bastar Kanker Chhattisgarh, District : Kanker, Chhattisgarh ---- Non-applicant For Applicant : Ms. Sunita Sahu, Advocate.

For Non-applicant : Shri S. Jhanwar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 28.11.2018

1. Case diary not produced. Counsel for the applicant furnished photocopy of the charge sheet.

2.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

3. The applicant has been arrested in connection with crime No. 103/2018 registered at Police Station - Narharpur, District North Bastar Kanker (C.G.) for the offence punishable under Section 20(B) of NDPS Act.

4.

Case of the prosecution, in brief is that On 28.09.2018 Sub Inspector Akhilesh Kumar Dhiwar seized 8.052 Kg. Cannabis from the applicant, Sugriv Patel and Dillu Prasad.

5. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application and submits that as per the written information given by the SHO Police Station Narharpur no criminal antecedent has been recorded against the applicant. 7.

Looking to these 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 the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum 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.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore