Davinder Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2048 of 2021 Manpreet Singh S/o Shri Surendra Singh Aged About 29 Years R/o Behind Highway Family Dhabha, Gurusagar Nagar, Tatibandh Police Station Amanaka District Raipur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Kabir Nagar, District Raipur Chhattisgarh.

---- Respondent And M.Cr.C. No. 2069 of 2021 Davinder Singh S/o Randheer Singh Aged About 38 Years R/o Kharoon Green City, Plash 33, Kumhari, Police Station Kumhari, District (Revenue And Civil) Durg Chhattisgarh. (Only The Name Of Manpreet Singh Is Mentioned The Order Sheet), District : Durg, Chhattisgarh. ---- Applicant Vs State Of Chhattisgarh Through Station House Officer, Police Station Kabeer Nagar, District Raipur Chhattisgarh.

---- Respondent For the Applicants :

Shri Pragalbha Sharma, Advocate.

For the Respondent/State :

Shri Sameer Oraon, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

14.06.2021 Heard.

1.

Both these applications are decided by a common order as they arise from the same crime number. These are the first bail applications of the applicants 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.35 of 2021, registered at Police Station Kabir Nagar, District - Raipur, Chhattisgarh for the offence punishable under

Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicants submits that the applicants in both the cases are in jail since 17.02.2021 and they have been falsely implicated in this case. The charge-sheet has been filed and the case is pending for trial. Hence, it is prayed that the applicants in both the cases be benefited with grant of regular bail.

3.

On the other hand, learned counsel for the State opposes the bail applications and the arguments submitted in this respect. It is submitted that there is clear evidence present against these applicants regarding possession of contraband. Hence, for these reasons, none of the applicants deserves to be enlarged on bail.

4.

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

According to the prosecution case, seizure of 12 gm of cocaine was made from applicant - Manpreet Singh in M.Cr.C. No. 2048 of 2021 and 17 gm of cocaine was seized from applicant - Davinder Singh in M.Cr.C. No.2069 of 2021. The quantity seized from these applicants is more than small quantity but less than commercial quantity. 6.

Considered the submissions and the facts present in this case. As it appears that there is no criminal antecedents against both the applicants and the case is pending for trial, I feel inclined to grant regular bail to the

applicants in both the cases.

7.

Accordingly, the bail applications filed by the applicants in both the cases under Section 439 of the Cr.P.C. are allowed. 8.

It is directed that the applicants in both the cases shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- in respect of each crime with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi