Allowed

Deepak Mishra v. State of Chhattisgarh

Chhattisgarh HC5 Oct 2018MCRC/6209/2018

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the first bail application under Section 439 Cr.P.C. in a case for possession of cannabis convicted under Section 20(B) NDPS Act, 1985, holding no likelihood of absconding or tampering with evidence.

What did the court decide?

Application allowed; applicant released on bail upon furnishing one solvent surety for Rs.25,000 with a personal bond.

Deepak Mishra Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 6209 of 2018

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Deepak Mishra S/o Banwarilal Mishra Aged About 34 Years R/o Itwari Bazar, Near Mutton Market, Korba, Police Station Kotwali, Tehsil And District Korba, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, Tehsil And District Korba, Chhattisgarh.

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---- Non-applicant

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For Applicant : Shri Rohit Sharma, Advocate For Non-applicant : Shri Surya Kant Mishra, Panel Lawyer

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Hon'ble Shri Justice Sharad Kumar Gupta

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Order On Board

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05.10.2018

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

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Perused the case diary provided by the learned counsel for the State in connection with crime No. 462/2018 registered at Police Station – Kotwali, District – Korba (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.

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Case of the prosecution, in brief is that on 06.07.2018 at about 10:30

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pm at Itwari Bazar ASI Bhagirathi Chouhan, PS Kotwali, Korba seized 1 Kg and 500 gm cannabis from the possession of the applicant.

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Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the

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present case, therefore, he shall be released on bail.

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On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant.

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Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, the trial will take its own time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the present applicant.

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

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It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

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Certified copy as per rules.

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Sd/-

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(Sharad Kumar Gupta) JUDGE

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kishore

Deepak Mishra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Deepak Mishra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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