Neeraj Chouhan v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2042 of 2019 • Neeraj Chouhan S/o Mr. Ramesh Chand Chouhan Aged About 28 Years R/o House No. 539, Nangal Enclave, Ward No. 7, Near Nangla Chowk, P. S. Saran, District Faridabad, Haryana. ---- Applicant

Versus

• State of Chhattisgarh Through The Police Station-Aranag, DistrictRaipur, Chhattisgarh. ---- Respondent __________________________________________________________ For Applicant :

Mr. Raza Ali, Advocate.

For Respondent :

Mr. Aditya Sharma, PL.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 09/04/2019

1. This is the second bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973. His first application was dismissed as withdrawn.

2. This bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.524/2017 registered at Police Station- Arang, District-Raipur(C.G.) for the offence punishable under Sections 20(b) of NDPS Act.

3. It is submitted by the learned counsel for the applicant that applicant

Page No.2 has been falsely implicated in this case. No case is made out for prosecution of the applicant in this case. There had been no seizure of contraband from the possession of this applicant and neither there is any statement made by the co-accused, that this applicant had any connection with contraband seized from the possession of the coaccused. The trial against the applicant is getting delayed as the applicant is in jail since 29.12.2017, hence, the applicant be granted regular bail.

4. Learned State counsel opposes the application and submissions made in this respect. It is submitted that he was present with co-accused at the time when the vehicle was stopped and searched, this applicant had made his escape, therefore, seizure could not be made from his possession.

5. I have heard the learned counsel for the parties and perused the case diary and the documents placed on record.

6. On the date of incident the police personnel of PS-Arang made a seizure of 182 kg ganja the narcotic substance from a car bearing registration No.HR-26AQ/9765 where the co-accused Arun Jatav was found present. The co-accused has named this applicant as the driver of the vehicle who had fled from the spot. Hence, this case.

7. After considering the case that has been brought against the applicant and the delay in trial against him, I am of this view that this is a fit case where the application filed by the applicant is deserves to be allowed.

8. Accordingly, the bail application filed under Section 439 of the Cr.P.C. are allowed. It is directed that 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 trial Court, for his

Page No.3 appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha