Ajay Bhaskar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1512 of 2021 Ajay Bhaskar S/o D.L. Bhaskar Aged About 38 Years R/o Village Budhar Schoolpara, P.S. Patna, Tahsil Baikunthpur, District Korea Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through The Station House Officer P.S. Patna Baikunthpur, District Korea Chhattisgarh.

----Non-applicant For Applicant :

Ms. Shivali Dubey, Advocate For State :

Mr. Raghvendra Verma, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19/05/2021 1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 26/2021 registered at Police Station Patna Baikunthpur, District Korea, Chhattisgarh for the offence punishable under Section 22(a) of NDPS Act.

2.

The present applicant is in jail since 29.01.2021 in connection with the aforesaid Crime number.

3.

The case of the prosecution is that on 29.01.2021 the present applicant is said to have found in possession of two bottles of Elturex Syrup and 8 straps of Spasmo Proxyvon, for which the present applicant has been prosecuted.

4.

The counsel for the applicant submits that he has already put in about 4 months in custody and the total quantity of Drugs seized from the present applicant is slightly higher than small quantity prescribed and much less than the commercial quantity.

5.

The State counsel however opposing the bail application submits that since the quantity is more than small quantity and the present applicant was found in possession of the said Drugs with an intention of selling it in the open market unauthorizedly, he does not deserve to be released on bail at this juncture. 6.

Having heard the contentions put forth on either side and on perusal of record, particularly taking note of the quantity of Drugs found in possession of the present applicant and the period of custody undergone and also taking note of the pandemic situation prevailing, a strong case for grant of bail has been made out. Accordingly, the present application for grant of bail is allowed. 7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed. Sd/- (P. Sam Koshy) Judge Ved