High Court Of ChhattisgarhMCRC/111/2021allowed

Balvinder Singh v. State Of Chhattisgarh

2021-03-17Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Balvinder Singh S/o Late Buta Singh Aged About 67 Years R/o Fauji Dhaba, Village Patekohara, Police Station Chichola, District Rajnandgaon, Chhattisgarh, ---- Petitioner

Versus

• State Of Chhattisgarh Through District Collector, Police Station Chichola, Rajnandgaon, District Rajnandgaon, Chhattisgarh ---- Respondent For Applicant Mr. Navin Shukla, Advocate For Respondent /State Mr. R. Tripathi, Panel Lawyer SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 17/3/2021

1. Heard.

2. 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.163/2020 registered at Police Station Chichola, Distict Rajnandgaon (CG) for the offence punishable under Sections 18-A, 19, 27-A of the Narcotics Drugs and Psychotropic Substances Act.

3. The applicant has been found in illicit possession of 152 g 500 mg of Opium (Afim) and 6 g of Charas/Hashish on 8.11.2020.

4. Learned counsel for the State opposes the prayer for grant of bail. However, he submits that the concerned SHO has not reported any previous criminal antecedent of the applicant.

5. The commercial quantity of Opium is 2.5 kg and small quantity is 25 g, whereas, the commercial quantity of Charas/Hashish is 1 kg and small quantity is 100 g.

6. Considering that the intermediate quantity of contraband has been recovered from the applicant and he is in jail since 9.11.2020, having no previous criminal antecedents, I am of the opinion that present is a fit case to release the applicant on regular bail.

7. 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 one surety 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.

8. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna

Shyna