Pawan Kumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1435 of 2021 • Pawan Kumar Patel, S/o Late Satyanarayan Patel, Aged About 24 Years, Caste Kurmi R/o Kalyanpur 67 Bairi Akbarpur Thana Kalyanpur District-Kanpur Uttar Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh Through P.S.-Nagarnaar District- Bastar Chhattisgarh.

---- Respondent For Applicant : Mr. Arvind Shrivastava, Adv.

For Respondent/State : Mr. Samir Uraon, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13.04.2021

1. The matter is heard through video conferencing.

2. 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. 173/2020 registered at Police Station- Nagarnaar District- Bastar (C.G.) for the offence punishable under Section 22 (B) (II) (C) of the N.D.P.S. Act.

3. The prosecution story, in brief is that, on 27.10.2020, police personnel seized total 21 Kg of ganja from the possession of present applicant. Thereafter, offence has been registered against the present applicant.

4. 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 charge-sheet has been filed and there is no antecedent registered against the applicant and he is in jail since 27.10.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant

may be released on bail.

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

6. I have heard learned counsel for the parties and perused the records.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that there is no antecedent registered against the applicant and he is in jail since 27.10.2020, 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.

8. 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