Allowed

Tingu Alias Johrik Yadav v. State of Chhattisgarh

Chhattisgarh HC14 Jun 2023MCRC/2075/2023

Case brief

AI extract

What is this about?

This is a bail application under Section 439 CrPC regarding 20(B) of the NDPS Act. The court allowed bail noting co-accused release and lack of recovery from the applicant, directing a personal bond of Rs. 50,000 and property affidavit.

What did the court decide?

Released on bail on furnishing a personal bond for a sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the trial Court.

Tingu Alias Johrik Yadav Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2075 of 2023

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Tingu Alias Johrik Yadav S/o Parimal Yadav, Aged About 28 Years, Resident Of Badesara, Thana Jaijaipur, Tehsil Jaijaipur, District : Sakti, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through- The Station House Officer, Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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---- Respondent

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For Applicant Mr. Bastant Kaiwartya, Advocate For Respondent /State Mr. Vinod Tekam, Panel Lawyer

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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14/6/2023

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This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.693/2021 registered at Police Station Sarangarh, District Sarangarh, Bilaigarh for the offence punishable under Section 20(B) of the NDPS Act.

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As per the prosecution story, the Police upon receipt of a secret information, intercepted a vehicle, which was driven by co-accused Devsingh and seized 105 Kg of Cannabis (Ganja). Co-accused Devsingh was arrested, but the present applicant ran away from the spot. On the basis of the memorandum statement of co-accused Devsingh, the present applicant was arrayed as an accused and arrested.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that

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that co-accused Hemant Chandra has been released on bail by a Coordinate Bench of this Court vide order dated 13.3.2023 passed in MCRC No.10647/2022. The applicant is in jail since 19.9.2022 and there is no recovery from him. Hence, he prays for releasing the applicant on bail.

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On the other hand, learned counsel for the State opposes the bail application. He submits that there is no criminal antecedent of the applicant.

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Having heard the submissions of learned counsel for the parties, particularly considering that the co-accused have been enlarged on bail and there is no criminal past of the applicant and also there is no recovery from him and further considering all the aspects of the matter, this Court is inclined to release the applicant on bail.

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Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

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It is further directed that after release of the applicant, the applicant shall file an affidavit showing full details of the movable and immovable properties held by himself and his dependent family members, before the trial Court.

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Certified copy as per rules. Sd/-

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( Deepak Kumar Tiwari)

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Judge

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Shyna

Tingu Alias Johrik Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Tingu Alias Johrik Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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