Bharatlal Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9462 of 2018 • Bharatlal Tiwari S/o Namelal Tiwari Aged About 50 Years R/o gram Banround ,thana Keregaon ,tahsil Nagri District Dhamtari CG ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Keregaon, district Dhamtari CG ---- Respondent For applicant Mr. Kunal Das, Adv.

For Respondent/State Mr. Vasim Miyan, Panel Lawyer.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 11-11. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 38/2018 registered in police station Keregaon, Distt. Dhamtari (CG) for offence punishable under Section 20(B) of the NDPS Act.

3. Prosecution story in brief is that on 17-10-2018 at about 19.45 hr. at village Banraud, 1.500 kg cannabis was seized from possession of the applicant.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application. However, he submits that no criminal antecedent of the applicant is reported in the police case diary.

6. Looking to the above facts and circumstances of the case, and as trial will take its own time, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like

sum to the satisfaction of the trial Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak