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High Court Of ChhattisgarhMCRC/329/2020allowed

Laxmikant Jaiswal v. State Of Chhattisgarh

2020-02-27Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 329 of 2020 • Laxmikant Jaiswal S/o Shivdayal Jaiswal Aged About 35 Years R/o Sakti Chowk, Police Station Bankimongra, Tahsil Katghora, District Korba Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bankimongra, District Korba Chhattisgarh.

---- Respondent For Applicant :

Mr. S.R.J. Jaiswal, Advocate.

For Respondent/State :

Mr. B.L. Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 27.02.2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 151/2019 registered at Police Station - Bankimongra, District Korba (C.G.) for the offence punishable under Section 22 of NDPS Act.

• It is the case of the prosecution that, on the basis of secret information, police personnel searched and recovered 45 grams 260 mg. Alprozolam and Tramadol Tablet/Capsules without any permission and license. Thereafter, offence has been registered against the applicant and the applicant has been arrested.

• Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He next

submitted that there is no previous antecedent against the applicant, he is in jail since 04.11.2019 and the trial is likely to take some time for its final disposal, therefore, he may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned Counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- with one local surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu