Sanjay Benwa v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2844 of 2019 • Sanjay Benwa S/o Dara Singh Benwa, Aged About 30 Years, R/o Shrinagar, Odiya Basti, Post Office- Raipur, Police Station - Khamtarai, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station - Civil Line, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ----Non-applicant For Applicant - Shri Shivendu Pandya, Advocate. For Non-applicant/State - Shri Adil Minhaj, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-05-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 03-03-2019 in connection with Crime No.115/2019 registered at P.S. - Civil Line, Raipur, District Raipur, Chhattisgarh for the offence under Section 21(B) of Narcotics Drugs and Psychotropic Substances Act (in short 'the N.D.P.S. Act'). 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 03-03-2019. The coaccused persons have been granted regular bail by this Court who are similarly placed. Therefore, it is prayed that this applicant may be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Police personnel of P.S. Civil Line, Raipur made a seizure of 0.24 gram Alprazolam Tablet and 27.6 gram of Spascore-Vonplus (Tramadol) alleging that these medicines are prohibited under the N.D.P.S. Act from this applicant and

-2other two co-accused persons jointly.

6.

Considering on the entire material present in the case diary and for the reason that similarly placed co-accused persons have been granted bail by this Court, 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 Aadil