Punilal Patel And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10071 of 2018

1. Punilal Patel, aged about 24 years, S/o Sukram (wrongly mentioned as Sukhram) Patel, R/o Kisda, Chowki Beladula, P.S. Sarsiva, District Balodabazar Bhatapara (CG).

2. Harishankar, aged about 23 years, S/o Devsingh Sarthi, R/o Kisda, Chowki Beladula, P.S. Sarsiva, District Balodabazar Bhatapara (CG). ---- Applicants

Versus

State of Chhattisgarh, through Police Station Bhatgaon, District Balodabazar Bhatapara (CG).

---- Non-applicant For Applicants : Mr. Anil Singh Rajput, Advocate.

For Non-applicant : Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 23.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with Crime No.03/2018 registered at Police Station Sarsiva, District Balodabazar Bhatapara for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act. 3.

Case of the prosecution, in brief is that on 09.12.2018 at about 12.10 hrs at village Jhikichuwapathar, Sub Inspector G.S. Deshmukh posted at police station Bhatgaon seized 4 kg cannabis from the joint possession of the applicants.

4.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application however he submits that no criminal antecedent is reported against the applicants in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicants furnish 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 Trial Court, they be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE