High Court Of ChhattisgarhMCRC/6948/2019allowed

Tinku Singh v. State Of Chhattisgarh

2019-12-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6948 of 2019 • Tinku Singh S/o Shri Hodil Singh Rajpoot Aged About 36 Years, R/o Rahul Nagar Bichpuri Road Bodla Police Station Jagdishpur, Civil and Revenue District-Agra, Uttar Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Dharsiva District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Ajay Mishra, Adv.

For Respondent/State :

Ms. Akshra Amit, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16/12/2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 348/2019 registered at Police Station Dharsiva, DistrictRaipur (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act.

2. The prosecution story, in brief is that, police received an information by informant thereafter, police personnel searched and seized 18.670 kg Cannabis (Ganja) from the possession of present applicant. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the present applicant has no previous criminal antecedent and the applicant is in jail

since 10.07.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant has no previous criminal antecedent and the present applicant is in jail since 10.07.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu