High Court Of ChhattisgarhMCRC/3124/2021allowed

Vijay Jaysinghani @ Baiga v. State Of Chhattisgarh

2021-07-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3124 of 2021 • Vijay Jaysinghani @ Baiga S/o Late Amar Lal Jaysinghani, Aged About 27 Years R/o Gali No. 7, Sima Nagar, Police Station Telibandha, Raipur District - Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Telibandha, Raipur District - Raipur Chhattisgarh ---- Non-applicant For Applicant : Mr. C.R. Sahu, Advocate.

For Non-applicant/State : Mr. Sameer Oraon, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-07-2021Sd/-

1. Heard on the application filed under Section 439 of the Cr.P.C. This is the first bail application filed for grant of regular bail. The applicant has been arrested on 21.01.2021, in connection with Crime No.30/2021 registered at Police Station- Telibandha, District- Raipur, C.G. for offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act.

2. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant is in jail since 21.01.2021. Charge-sheet has been filed, hence, it is prayed that this applicant may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application and submissions made by the learned counsel for the applicant and

-2submits that the applicant has previous antecedents of 27 criminal cases against him, out of which there are 03 previous cases under N.D.P.S. Act and 07 previous cases are under Excise Act and rest of the cases are under the provisions of I.P.C. and Arms Act.

4. In reply, it is submitted by the learned counsel for the applicant that the applicant was at liberty, when he was arrested in this case, therefore, he must be on bail in all the previous cases, hence, it is prayed that he may be enlarged on bail.

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

6. According to the prosecution case, 02 kg. ganja was seized from the possession of this applicant. Hence, this case.

7. Considered on the submissions. As it appears that although this applicant has criminal antecedents but he was at liberty when he was arrested in this case. The charge-sheet has been filed and trial is likely to take some time, therefore, I feel inclined to allow this application.

8. 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.

9. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika