Harun Masih v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 422 of 2018 • Harun Masih S/o Raja Babu Masih, Aged About 42 Years R/o Bhathri Police Station Jarhagaon, District Mungeli Chhattisgarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Jarhagaon District Mungeli Chhattisgarh, Chhattisgarh. ---- Respondent For Applicant :

Shri Devesh Chandra Verma, Advocate.

For Applicant/State :

Shri Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20.03.2018

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for grant of regular bail. The applicant has been arrested on 13.10.2017 in connection with Crime No. 233/2017 registered at P.S. - Jarhagaon, District- Mungeli, (C.G.), for the offence under Section 21, 22 of the Narcotic Drugs & Psychotropic Substances Act.

2. It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. Small quantity of narcotics drugs recovered and seized from this applicant and after completion of investigation charge-sheet has been filed, hence, it is prayed that the applicant may be released on bail.

3. Learned counsel for the State opposes the bail application and the submission made in this respect.

-24. Heard learned counsel for both the parties and perused the case diary.

5. The seizure of Evin Injections is 260 numbers, Rexogenic Injections is 87 numbers and Nitra Tablets is 140 numbers was made from the possession of this applicant by the police personnel of PS- Jarhagaon, District- Mungeli. Out of the seized articles, the contents of Buprenorphine in Rexogenic Injections were found in total 52.2 mg and contents of Nitrazepam in Nitra tablets was found 1.4 gm.

6. Considered on the submission and contents of narcotics drugs seized from the present applicant is below small quantity as prescribed in the schedule of NDPS Act, 1985.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal