Saddam Qureshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3335 of 2021 Saddam Qureshi, S/o. Shri Shabbir Qureshi, aged about 29 years, R/o. Village- Nayapara, P.S. and Tahsil- Mahasamund, Distt.- Mahasamund (Chhattisgarh).

---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police StationSaraypali, Distt.- Mahasamund (Chhattisgarh). ---- Respondent For Applicant : Mr. Sunil Sahu, Advocate For Respondent/State : Ms. Akshara Amit, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 06/07/2021 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 applicant, who has been arrested in connection with Crime No.118/2021, registered at Police Station - Saraipali, District - Mahasamund (C.G.) for the offence punishable under Section 21 of Narcotic Drugs Psychotropic Substance Act.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 03.04.2021. Charge-sheet in this case has been filed and the trial is not making any progress. Therefore, it is prayed that the

applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that huge quantity of psychotropic substance has been seized from the possession of this applicant and one another co-accused. The quantity seized is commercial quantity. Therefore, the applicant is not entitled for grant of bail.

4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

As per the prosecution case, on search made by the police personnel of Police Station - Saraipali, District - Mahasamund, this applicant and one another co-accused were found in possession of Raxquf cough syrup 300 bottles, Curex cough syrup 100 bottles, Onrex cough syrup 34 bottles and also 400 tablets of Alprazolam and 400 tablets of Pheniramine Maletate. The total quantity that has been seized from the possession of this applicant and from another co-accused is more than commercial quantity.

6.

Considered on the submissions. Taking into consideration that the applicant is local resident of this State, trial against him is still pending and there is likelihood of delay in conclusion of trial and also there appears to be no criminal antecedents of this applicant, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant 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 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 appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram