Dheeraj Kumar Singh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1978 of 2021 • Dheeraj Kumar Singh S/o Pradeep Kumar Singh, Aged About 26 Years, R/o Bechan Colony, Sattipara, Ambikapur, P.S. and Tehsil- Ambikapur District Sarguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. - Gandhinagar, Ambikapur District - Surguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh ---- Non-applicant For Applicant - Shri Bhupendra Singh, Advocate. For State/Non-applicant - Shri Anil Tripathi, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01-07-2021 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 17-01-2021 in connection with Crime No.34/2021 registered at Police Station - Gandhinagar, Ambikapur, Surguja, Chhattisgarh for the offence under Section 21 (C) of N.D.P.S. Act. 2.

It is submitted by learned counsel for the applicant, that the applicant has been falsely implicated. He is in jail since 17-01-2021. The trial is not making any progress. Therefore, it is prayed that the applicant be granted bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that the quantity of the contraband seized is commercial quantity, therefore, the applicant is not entitled for grant of bail. 4.

Heard learned counsel for the parties and perused the case diary. 5.

11 bottles of cough syrup having content of codeine phosphate which is prohibited under the N.D.P.S. Act were seized from the possession of this applicant.

6.

Considered on the submissions. The applicant is local resident of District Surguja and the trial is getting delayed because of continuation of the

-2pandemic situation, therefore, I feel inclined to allow this application. 7.

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

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil