Shishupal Vishwakarma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 858 of 2021 Shishupal Vishwakarma, S/o. Paras Vishwakarma, aged about 30 years, Caste - Lohar, R/o. Village Chaknar, Police Station and Tahsil Gandai, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station Gandai, District Rajnandgaon Chhattisgarh.

---- Respondent For Applicant : Mr. Abhishek Sharma, Advocate For Respondent/State : Ms. Hamida Siddiqui, Dy.A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 21/06/2021 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.11/2021, registered at Police Station - Gandai, District - Rajnandgaon (C.G.) for the offence punishable under Section 21 (A) of N.D.P.S. Act. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 10.01.2021. No offence has been committed by this applicant. Trial against this applicant is not making any progress. Hence, it is prayed that the applicant may be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect.

4.

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

5.

As per the prosecution case, seizure of 2.7 Kg Ganja was made from the possession of this applicant.

6.

Considered on the submissions. The applicant is in jail since 10.01.2021, the applicant is local resident of Chhattisgarh and trial is not making any progress due to pandemic conditions, hence, for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram