High Court Of ChhattisgarhMCRC/9581/2018allowed

Akhilesh @ Deepak Pandey v. The State Of Chhattisgarh

2018-12-19Hon'Ble The Winter Holiday Judge-22 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9581 of 2018 • Akhilesh @ Deepak Pandey S/o Komal Prasad Pandey Aged About 24 Years R/o Junwani, Thana- Urga, District- Korba, Chhattisgarh.

---- Applicant In Jail

Versus

• The State Of Chhattisgarh Through Police Station- Kotwali, District- Korba, Chhattisgarh.

---- Respondent For Applicant :

Shri Samir Singh, Advocate.

For Respondent :

Shri NK Sharma, Dy. GA.

Hon'ble Shri Gautam Chourdiya, J Order On Board 19/12/2018 The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 20.7.2018 in connection with Crime No.509/2018 registered in Police Station-Kotwali, Distt. Korba (CG) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act.

Allegation against the applicant is that he was found in illegal possession of 2 kg of ganja.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 20.7.2018, and conclusion of trial is likely to take some time. On the other hand, learned counsel for the State opposes the

bail application.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of contraband, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial. It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/ (Gautam Chourdiya) V. JUDGE Khan