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High Court Of ChhattisgarhMCRC/871/2018allowed

Deepak Mishra v. State Of Chhattisgarh

2018-02-09Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 871 of 2018 • Deepak Mishra (wrongly mentioned as Mishra) S/o Late Ramashanker Mishra, Aged About 25 Years, R/o Village Atal Awas, Ward No. 01, Saraipali, District Mahsamund Chhattisgarh • Nand Kumar Patel, S/o Jagbandhu Patel, Aged About 38 Years R/o Birsinghpali, Police Station Saraipali, District Mahasamund Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Saraipali, District Mahasamund Chhattisgarh ---- Respondent For Applicants Shri C. Prasad, Advocate For Respondent-State Shri Arvind Dubey, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 09/02/2018 1.

The applicants have preferred this second bail application as they have been arrested in connection with Crime No.338/2017, registered at Police Station Saraipali, District Mahasamund, for the offence punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substance Act.

2.

The first bail application was dismissed as withdrawn on 14.12.2017 in MCRC No.6990/2017 with liberty to revive the prayer after filing of the charge sheet.

3.

While the applicants were traveling in Indica Car bearing Registration No.CG-13-C-1554, they were found to be in possession of 105 bottles of eskuf syrup, a medicine consisting of psychotropic substance.

4.

While allowing the applicants to withdraw their earlier bail application, liberty was reserved to move afresh after filing of the charge sheet.

5.

Now, the charge sheet has been filed and the applicants are in jail since 23.10.2017 i.e. for more than 3 months. 6.

Considering the entire facts situation of the case, this Court is inclined to release the applicants on bail. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety each for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge Prashant Kumar Mishra Nirala