Prateek Sharma v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3905 of 2021 • Prateek Sharma, Aged about 25 years S/o Shri Balwant Sharma R/o Tikrapara, Kanker, P.S. City Kotwali, Distt. Kanker (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, Distt. Raipur (C.G.) ---- Respondent _____________________________________________________________ For Applicant :

Mr. Devershi Thakur, Advocate For Respondent/State :

Mr. Ajay Kumrani, PL ------------------------------------------------------------------------------------------------------- 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. 70/2021 registered at Police Station City Kotwali, 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. He is in jail since 16/03/2021, charge-sheet has been filed and there is likelihood of delay in trial, therefore, prayer is made to release the applicant on bail.

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

Page No.2 submits that the quantity of psychotropic substance seized from the applicant is more than small quantity, therefore, the application may be rejected.

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

5. As per prosecution case, a seizure of 250 numbers of Rescalm Tablets, each having contents of 0.25 milligrams of Alprazolam, was made from the possession of the applicant. The total weight of the seizure articles is 40 grams which is more than small quantity, but lesser than commercial quantity.

6. Considered on the submissions. As the charge-sheet has been filed, trial is likely to take some time and the applicant has no criminal antecedent, 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 rahul