Bhuwan Lal Patel & ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2973 of 2019
1. Bhuwan Lal Patel S/o Sushil Patel Aged About 19 Years R/o Village Kari Noharud Police Station Kasdol District Baloda Bazar Present Address Behind Dhebar City House Of Ramkumar Contractor Bhatagaon Police Station Puranibasti Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Lilaram Sahu S/o Parasram Sahu Aged About 25 Years R/o Village Kari Noharud Police Station Kasdol District Baloda Bazar Present Address Behind Dhebar City House Of Ramkumar Contractor Bhatagaon Police Station Puranibasti Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicants
Versus
State Of Chhattisgarh Through The Police Station Civil Line, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. ---- Respondent For the Applicants :
Shri P.K. Tulsyan, Advocate.
For the Respondent/State :
Shri Subhash Yadav, Dy. G.A.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
02.07.2019 Heard.
1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.117 of 2019, registered at Police Station - Civil Lines, District Raipur, Chhattisgarh for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2.
Learned counsel for the applicants submits that the applicants are in jail since 2.3.2019 and have been falsely implicated in this case. No case is made out against the applicants on the basis of the material placed before the Court by the prosecution. In fact the applicants had been carrying the medicines to deliver at a place on the instructions given by their employer. Subsequent to the arrest of the applicants, the employer has denied to save himself. The applicants are local residents of P.S. Kasdol, District Baloda Bazar and the trial of the case is likely to take some time for its final disposal. Hence, it is prayed that the applicants be enlarged on bail. 3.
On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.
Heard counsel for both the parties and perused the case diary. 5.
The police official of police station Civil Lines, Raipur made a seizure of Alprazolam Tablet containing the prohibited drug of weight about 0.4 gm and Tramadol in Spasmo Core Von Plus containing the prohibited drug about 21.6 gm.
6.
As none of the seizure made is of commercial quantity and considering the fact that the applicants are in jail since 2.3.2019 and they do not have any criminal antecedents, I feel inclined to grant regular bail to the applicants.
7.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
8.
It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.
Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi