High Court Of ChhattisgarhMCRC/3302/2021allowed

Dharam Singh v. State Of Chhattisgarh

2021-07-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3302 of 2021 • Dharam Singh S/o Nirmal Singh, aged about 45 years R/o Heerapur, L.I.G 724/725, Near Gurudwara, P.S. Kabir Nagar, Raipur, Distt. Raipur (C.G.) ---- Applicant

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• State Of Chhattisgarh through Station House Officer, Police Station Kabir Nagar, Raipur, Distt. Raipur (C.G.) ---- Respondent _____________________________________________________________ For Applicant :

Mr. Wasim Miyan, Advocate For Respondent/State :

Mr. Sameer Uraon, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 09/07/2021 Heard.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No. 57/2021 registered at Police Station Kabir Nagar, Raipur Distt. Raipur (C.G.) for the offence punishable under Section 21 (B) of the Narcotic Drugs & Psychotropic Substance Act.

2. It is submitted that the applicant is innocent who has been falsely implicated in this case. The applicant is in jail since 24/03/2021, charge-sheet has been filed and the applicant has no criminal antecedent, therefore, prayer is made to release the applicant on bail.

3. Per contra, learned State counsel opposes the bail application.

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

5. As per prosecution case, a seizure of 9.5 grams of Heroin (psychotropic substance) was made from the possession of the applicant. Hence, this case.

6. Considered on the submissions. As the applicant is in jail since more than 3 months, charge-sheet has been filed and there is likelihood of delay in conclusion of trial, I feel inclined to allow this bail application and release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Sd/- (Rajendra Chandra Singh Samant) Judge rahul