← Library
High Court Of ChhattisgarhMCRC/9465/2018allowed

Kalu Ram Kole v. State Of Chhattisgarh

2019-01-11Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9465 of 2018 Kalu Ram Kole S/o Ram Charan Kole Aged About 28 Years R/o Village- Parkhudi, Post- Haridwar, Tahsil And Police StationVizrawghad, District- Katni, Madhya Pradesh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station- Bodhghat, DistrictBastar, CG ---- Respondent For applicant Mr. Kunal Das, Adv. under instruction of Mr. Vikas Shrivastava, Adv.

For Respondent/State Mr. Vasim Miyan, PL.

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. 311/2017 registered in police station Bodhghat, Distt. Bastar (CG) for offence punishable under Section 20(B)(ii)(c) of the NDPS Act.

3. Case diary is not produced by the State counsel. Counsel for the applicant produced the copy of charge sheet for perusal. As per arrest memo, which is part of charge sheet, there is no criminal antecedent of the applicant.

4. Prosecution story in brief is that on 25-9-2017 Asstt. Sub Inspector Prem Panigrahi, PS Bodhghat seized 8 kg cannabis from possession of the applicant.

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

6. On the other hand, the Panel Lawyer appearing for the State opposed the bail application.

7. 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.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak