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High Court Of ChhattisgarhMCRC/9724/2018dismissed

Manish @ Praveen Gupta v. State Of Chhattisgarh

2019-02-01Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9724 of 2018 Manish @ Praveen Gupta S/o Premchand Gupta Aged About 30 Years R/o Padariya, Police Station- Amarkantak, District- Anooppur, Madhya Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, police Station-Borai, DistrictDhamtari, Chhattisgarh ---- Respondent For applicant Mr. Sanjay Kumar Dewangan, Adv.

Respondent/State Mr.A.N. Bhakta, Dy. Adv. General Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 1-21.

IO Shri Noharlal Mandavi, Inspector, PS Borai, Distt. Dhamtari is present in person with the case diary. He is directed to comply with the orders of this Court strictly in future.

2.

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.

3.

The applicant has been arrested in connection with Crime No. 29/2018 registered in police station Borai, Distt. Dhamtari (CG) for offence punishable under Section 20(B) of the NDPS Act.

4.

Perused the case diary.

5.

Prosecution story in brief is that on 3-10-2018 at about 11.50 hr. at village Likhma, Inspector N.L. Mandavi seized 18 kg cannabis from possession of the applicant.

6.

Counsel for the applicant argued that the applicant is innocent and falsely implicated. He further argued that he is in custody since 3-10-2018. Hence he may be released on bail.

7.

On the other hand, the State Counsel opposed the bail application. He further submits that one more case under IPC has been registered against the applicant. 8.

Looking to the facts and circumstances of the case, looking to the huge quantity of the cannabis seized and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant. 9.

Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge pathak