High CourtsDivision Bench(2005) 03 CHH CK 0023

Aditya Manjhi vs State of C.G.

Chhattisgarh High Court · Decided on 11 March 2005 · Citation: (2005) 1 CGLJ 218

HON’BLE JUDGES
Vijay Kumar Shrivastava, J
RESULT
Allowed
CASE NUMBER
M.Cr.C. No. 267 of 2005

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Judgment

10 paragraphs · 282 words

V.K. Shrivastava, J.—Heard.

2.

The Petitioner Aditya Manjhi has preferred this application u/s 439 of the Code of Criminal Procedure for grant of bail. He is accused in Crime No. 197/2004, registered at Police Station, Pandri (Mova), District Raipur (C.G.), for commission of offence punishable u/s 20 of the N.D.P.S. Act.

3.

It is alleged that, the Petitioner was found in possession of 9 kilograms of Ganja. The same was recovered and seized from him.

4.

Petitioner''s contention is that, recovery has been made from an open place. The quantity alleged is more than smaller quantity but lesser than commercial quantity. He is permanent resident of M.P.V. 36, Thana Motu, District Malkhangiri (Orissa). He is innocent. He has been falsely implicated in this case.

5.

Learned Counsel for both the parties admit that the Petitioner has no criminal antecedents.

6.

Considering all the facts, the petition, filed u/s 439 of the Code of Criminal Procedure, is allowed, and it is directed that, on furnishing a personal bond of Rs. 30,000/- (Rupees Thirty Thousand) with two solvent sureties of the like sum by the Petitioner to the satisfaction of the concerned Court for his appearance before the concerned Courts as and when directed, accompanied with the following conditions, he be released on bail:

1.

He shall not commit any offence similar to the offence of which he is an accused.

2.

He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court.

3.

He shall not leave the State of Chhattisgarh without prior permission of the Court.

7.

Bail Granted.