Raju Dhiwar & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1488 of 2021 1.

Raju Dhiwar, S/o. Chetram Dhiwar, aged about 42 years, R/o. Bhairav Nagar, Police Station Tikrapara, Raipur District Raipur Chhattisgarh 2.

Pradeep Kumar Sinha, S/o. Late Sahram Sinha, aged about 36 years, R/o. Devpuri, Satnam Chowk, Police Station Tikrapara, Raipur District Raipur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through : Station House Officer Police Station Maudhapara, Raipur District Raipur Chhattisgarh ---- Respondent For Applicants : Mr. Pradeep Singh Rathore, Advocate For Respondent/State : Mr. Alok Nigam, Govt. Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 30/06/2021 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 applicants, who have been arrested in connection with Crime No.21/2021, registered at Police Station - Maudhapara, Raipur, District - Raipur (C.G.) for the offence punishable under Section 22 (C) of N.D.P.S. Act. 2.

It is submitted by the learned counsel for the applicants that the applicants have been falsely implicated in this case. The applicants are in jail since 04.02.2021. The applicants do not have any criminal antecedents. They are local resident of Raipur. Therefore, it is prayed that the applicants may be released 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, police personnel of police Station - Maudhapara, Raipur, District - Raipur made seizure of 2270 tablets of Alprazolam weight 340.5 gram from the possession of these applicants and according to the weight of the medicine seized containing psychotropic substance i.e. commercial quantity. 6.

Considered on the submissions and the facts of the case. As the applicants are in jail since about more than four months, after filing of the charge-sheet, the trial of the case is not making any progress, hence for these reasons, this Court is of the opinion that present is a fit case, in which, the applicants 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 applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram