High Court Of ChhattisgarhMCRC/3695/2021allowed

Suryadev @ Surajdev v. State Of Chhattisgarh,

2021-07-15Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3695 of 2021 • Suryadev @ Surajdev, S/o Bandhu Yadav, Aged About 23 Years, R/o Kurludih, Police-Station-Sanawal, District - Balrampur - Ramanujganj, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through Police Station-Sanawal, District - Balrampur - Ramanujganj, Chhattisgarh.

---- Respondent For Applicant : Mr. Abhishek Pandey, Advocate.

For State/respondent : Mr. Alok Nigam, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/07/2021 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.15/2021 registered at Police-Station-Sanawal, District-BalrampurRamanujganj(C.G.) for the offence punishable under Sections 21 of NDPS Act.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. He is in jail since 4.3.2021. Charge-sheet has been filed, hence, it is prayed that the

applicant may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

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

5. Two bottles of cough syrups were seized from the possession of this applicant and 14 bottles of the same cough syrups were seized from the shop of the applicant which was under construction. Each bottle having contained 100ml syrup and also content of Codiene phosphate which is prohibited under NDPS Act.

6. Considered on the submissions and the facts of the case. As it appears that there is no specification regarding the quantity of the contraband seized from this applicant and there is no previous case was pending against this applicant, therefore, 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 Nisha