Subelal Kumeti & ANR. v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9673 of 2018
1. Subelal Kumeti S/o Kejuram Kumeti Aged About 55 Years
2. Smt. Shyambai Kumeti W/o Subelal Kumeti Aged About 50 Years both R/o Imlipara Sambalpur Thana And Tahsil Bhanupratappur District Uttar Bastar Kanker CG ---- Applicants
Versus
• The State Of Chhattisgarh Through Police Station Bhanupratappur District Uttar Bastar Kanker CG ---- Respondent For applicants Mr. Parag Kotecha, Adv.
For Respondent/State Mr. Vasim Miyan, PL.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15-11. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.
2. The applicants have been arrested in connection with Crime No. 123/2018 registered in police station Bhanupratappur, Distt. Kanker (CG) for offence punishable under Section 20(b) of the NDPS Act.
3. Prosecution story in brief is that on 1-11-2018 at about 13 hr. from the courtyard of the applicants, sub-inspector Mankunwar Tekam posted at PS Bhanupratappur seized 12 dried cannabis plants weighing 2.300 kg.
4. Counsel for the applicants argued that the applicants are innocent and falsely implicated hence they be released on bail.
5. On the other hand, the Panel Lawyer appearing for the State opposed the bail application. However, he submits that no criminal antecedent of the applicants 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 each of the applicants 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 they will appear before the concerned trial Court at 11 AM as and when directed till trial, they be released on bail.
7. CC as per rules.
Sd/- (Sharad Kumar Gupta) Judge Pathak