High Court Of ChhattisgarhMCRC/8370/2018allowed

Shivshankar v. State Of Chhattisgarh

2018-11-27Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7811 of 2018 • Dageshwar Sahu S/o Shyam Lal Sahu Aged About 21 Years R/o Village Rengabod, Police Station- Bhatapara, District- Balodabazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station-Ganj, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant And MCRC No. 8370 of 2018 • Shivshankar S/o Gangaram Sahu Aged About 21 Years R/o Rengabod, Police Station- Bhatapara, District- Balodabazar, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Ganj, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicants : Ms. Sunita Sahu, Advocate.

For Non-applicant : Shri Ramakant Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27.11.2018

1. Since both the petitions arise from same crime No., these bail petitions are being disposed off simultaneously.

2. These are 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.

3. Perused the case diary provided by the learned counsel for the State in connection with crime No. 181/2018 registered at Police Station - Ganj, Raipur, District- Raipur, (C.G.) for the offence punishable under Section 20(B) of the NDPS Act.

4. Case of the prosecution, in brief is that on 19.07.2018 near Underbridge Chunabhatti, Raipur at about 22:45 hrs. Sub Inspector D.R. Gayakwad, police station Ganj, Raipur seized 9 kg cannabis from applicant Dageshwar Sahu and on very day at about 20:15 hrs he seized 8 kg cannabis from applicant Shivshankar.

5. Learned counsel for the applicants submits that applicants have no criminal background, they are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicants.

7. 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 two solvent sureties 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.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore