Pradeep Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 527 of 2020 • Pradeep Shukla, S/o Rakesh Kumar Shukla, Aged About 23 Years, R/o Village Rathara Ward No. 16, Thana Kotwali Tahsil and District - Rewa (M.P.).

---- Applicant

Versus

• State of Chhattisgarh Through: Station House Officer, Police Station -(Outpost - Bastar) Kotwali Jagadalpur, District - Bastar Chhattisgarh.

---- Respondent For Applicant : Mr. Vikash Pradhan, Adv.

For Respondent/State : Mr. Wasim Miyan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16.03.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 539/2019 registered at Police Station- (Outpost - Bastar) Kotwali Jagadalpur, District - Bastar (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. Act.

2. The prosecution story, in brief is that, on 19.10.2019, on the basis of information, police personnel searched and seized 52 KG Ganja from the possession of the applicant. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the mandatory provisions of the N.D.P.S. Act have not been complied with in its letter and spirit. The applicant is in jail since 19.10.2019, there is no likelihood of

his case being decided in near future, therefore, the present applicant may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 19.10.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi