Uttam Giri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1156 of 2021 • Uttam Giri, S/o Late Parmeshwar Giri, Aged About 30 Years R/o Haldibadi Ward No. 12, Behind Sada Complex Chirmiri, Police Station Chirmiri, District Koriya Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Police Station Pondi, District Koriya, Chhattisgarh.

---- Respondent For Applicant :

Shri Vijay Kumar Sahu, Advocate.

For Respondent-State :

Smt. Smriti Shrivastava, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant , Judge Order on Board 23.06.2021 1.

Heard on the application filed under Section 439 of Cr.P.C. This is the first bail application filed for grant of regular bail. The Applicant has been arrested on 28.11.2020 in connection with Crime No. 148/2020 registered at Police Station Pondi, District Koriya (C.G.) for offence punishable under Sections 21(a) & 22(b) of NDPS Act.

2.

It is submitted by the learned counsel for the Applicants that the Applicant has been falsely implicated in this case. The Applicant is in jail since 28.11.2020. Charge-sheet has been filed. The Applicant has not committed any offence, therefore, the Applicant may be enlarged on bail. 3.

The learned counsel for the State opposes the application and submits that the quantity of the Psychotropic Substance which has been seized from the possession of the Applicant is huge quantity, hence, he is not entitled to grant of bail.

4.

I have heard the learned counsel for the parties and perused the record.

5.

According to the prosecution case, the seizure of 5 numbers of Rexogesic injection, 2 numbers of AVIL, 6 numbers of Injection, four filled and two empty and 410 mg of brown sugar which were seized from the possession of this Applicant and others, hence this case. 6.

Considered on the submissions. As it appears that the investigation in this case is completed and no purpose would be served to keep the Applicant in further detention till completion of the trial and that the Applicant is local resident of this State, therefore, I am inclined to allow this bail application. 7.

Consequently, the application filed by the Applicant under Section 439 of Cr.P.C for grant of regular bail is hereby allowed. 8.

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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Hem