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High Court Of ChhattisgarhMCRC/9941/2018allowed

B. Vishal v. State Of Chhattisgarh

2019-01-21Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 9941 of 2018 B. Vishal S/o Prakash Rao, aged about 21 years, R/o. 7-2-62/1/A, Gaganpahad, Rajendra Nagar, Rangareddy, District Hyderabad, Telangana.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Konta, District Dantewada, South Bastar, Chhattisgarh ---- Respondent For the Applicant :

Smt. Kiran Jain, Advocate.

For the Respondent/State :

Shri Lav Sharma, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

21.01.2019 Heard.

1.

This is the second bail application of the applicant. The first bail application has been dismissed as withdrawn by this Court in M.Cr.C. No.2314 of 2018 on 27.6.2018. The applicant has been arrested in connection with Crime No.15 of 2017, registered at Police Station Konta, District Dantewada, South Bastar, Chhattisgarh for the offence punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The independent witnesses of the seizure and other procedure have been examined who turned hostile and not supported the case of the prosecution and the trial against the applicant is

still pending. Hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

The trial against the applicant is still not concluded and the important witnesses of search and seizure have not supported the prosecution case. Hence, for these reasons, I feel inclined to grant regular bail to the applicant in this case.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi