Brijesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9535 of 2018 Brijesh S/o Durgesh Dewar Aged About 23 Years R/o Dewarpara, Ward No. 5, Sahaspur Lohara Naka, Kawardha Revenue And Civil District Kabirdham Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh --- Applicant

Versus

State Of Chhattisgarh Through The Police Station Sahaspur Lohara Naka, Kawardha District Kabirdham Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh ---- Respondent MCRC No. 9668 of 2018 Ramjan @ Sittu Khan S/o Ayyub Khan Aged About 19 Years R/o S. Lohara Naka Ward No.4 Kawardha District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer,police Station S. Lohara ,district Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondent AND MCRC No. 9732 of 2018 Ravi Baghel S/o Makhan Baghel Aged About 20 Years Caste- Sweeper, R/o S. Lohara Naka, Ward No. 5, Kawardha, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- S. Lohara, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondent For the Applicant :

Shri Dinesh Tiwawri, Advocate (MCRC No.

9535/2018) :

Shri Dharmesh Shrivastava (MCRC Nos.

9668/2018 and 9732/2018) For the State :

Shri Vinod Tekam, Panel Lawyer -----------------------------------------------------------------------------------------------

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019 1.

Above mentioned three bail applications arise out of a common Crime No. 224/2018 registered at Police Station Sahaspur-Lohara, District Kabirdham for the offence punishable under Sections 20(B) of NDPS Act, therefore, they are being heard analogously and decided by this common order. All the bail applications filed under Section 439 of CrPC.

2. Case diary is not produced. Govt. Advocate submitted that he has received an information from the Police Station, Sahaspur Lohara that no antecedents have been reported against the applicants. Prosecution story has been described in the impugned order, thus no necessity of case diary to dispose of these bail applications.

3. Case of the prosecution, in brief is that on 28/10/2018 Sub Inspector Satyam Sahu posted at Police Station Lohara seized 2 Kgs. Cannabis from the joint possession of Ravi Baghel, Ramjan and Brijesh.

4. Learned counsel for the applicants submitted that they have innocent and falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicants.

6. 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 the applicants furnishes one solvent surety for a sum of Rs. 25,000/- each along with a personal bond of Rs. 25,000/- each to the satisfaction of the concerned Court with the condition that they shall appear before the trial Court at 11.00 am as and when directed till trial and they would cooperate during the trial, they shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde