High Court Of ChhattisgarhMCRC/3962/2021allowed

Arvind Kumar Pandey v. State Of Chhattisgarh

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

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3962 of 2021 • Arvind Kumar Pandey S/o Radhey Shyam Pandey Aged About 21 Years R/o Village Banda P.S. Antu District Pratapgarh (U.P.) ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Devendra Nagar District Raipur Chhattisgarh ---- Non-applicant For Applicant : Mr. P.K. Tulsyan, Advocate.

For Non-applicant/State : Ms. Akshara Amit, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-07-2021Sd/-

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 20.02.2021 in connection with Crime No.30/2021 registered at Police Station- Devendra Nagar, District- Raipur, C.G. for offence punishable under Section 20(B)(II) of N.D.P.S. Act.

2. It is submitted by the learned counsel for the applicant that the applicant is in jail since 20.02.2021. Charge sheet has been filed and trial is likely to take some time, therefore, it is prayed that this applicant may be enlarged on bail.

3. Learned counsel for the State/non-applicant opposes the application and submits that the quantity of Ganja is more than small quantity and that the applicant is resident of Uttar Pradesh, therefore, in case, he is released on bail, he may not appear in trial. Therefore, the application may be rejected.

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

-25. According to the prosecution case, 07 kg. ganja was seized from the possession of this applicant, when the co-accused Shubham Kumar Gond accompanied him. Hence, this case.

6. Considered on the submissions. The co-accused persons have been granted bail by this Court. Further, the trial in the case is likely to take some time, therefore, looking to the circumstances present in the case, I feel inclined to allow this application.

7. 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.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika