Deepak Khandelwal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 596 of 2021 • Deepak Khandelwal S/o- Late Laxminarayan Khandelwal Aged About 45 Years R/o - Ramsagar Para, Police Station Modhapara District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Modhapara, District Raipur Chhattisgarh ---- Respondent MCRC No. 2437 of 2021 • Harish Sahu S/o Lilaram Sahu Aged About 25 Years R/o Sanyasipara, Railway Line, Police Station Khamtarai, Tehsil And District Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Moudhapara, District Raipur Chhattisgarh. ---- Respondent For Applicant : Shri B.P.Sharma, Shri Pawan Kesarwani and Shri Anmol Sharma, Advocates For Respondent/State : Shri Devesh Verma, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 08/04/2021 As both these M.Cr.Cs. arise out of the same crime number, they are being disposed of by this common order.

The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.151/2020 registered at police

station Modhapara, Raipur (CG) for the offence punishable under Section 21 (C) of the Narcotics Drugs and Psychotropic Substances Act.

Case of the prosecution in brief is that the applicants and other accused persons were found in possession of the illegal contraband in 9 cartons with 250 bottles of Rexodine syrup and 600 bottles of Rexcip syrup.

Counsels for the applicants submits that the applicants have been falsely implicated in the crime and they are in jail since 31.12.2020. It is submitted that there are no previous criminal antecedents against the applicants and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore they may be released on bail.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure are allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna