Rajkumar Tripathi v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3716 of 2021 • Rajkumar Tripathi S/o Kunj Bihari Tripathi, aged about 52 years R/o Village Mendra, P.S. Baramkela, Distt. Raigarh (C.G.) (wrongly mentioned in impugned order age of the applicant 57 years) ---- Applicant

Versus

• State Of Chhattisgarh Through the Police Station Baramkela, District Raigarh (C.G.) ---- Respondent _____________________________________________________________ For Applicant :

Mr. M.K. Jaiswal, Advocate For Respondent/State :

Mr. Ajay Kumrani, PL ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/07/2021 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. 148/2021 registered at Police Station Baramkela, District Raigarh (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. No case is present against this applicant. He is in jail since 03/05/2021 and trial is likely to take some time, therefore, the applicant may be released on bail.

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

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

Page No.2 case diary.

5. As per prosecution case, a seizure of 2 kg cannabis was made from the possession of the applicant while he was transporting the same on his motor-cycle.

6. Considered on the submissions. For the reasons that there is no criminal antecedent against this applicant and there is likelihood of delay in completion of investigation and also the 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