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High Court Of ChhattisgarhMCRC/3168/2019allowed

Sudhir Gupta v. State Of Chhattisgarh

2019-05-27Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3168 of 2019 • Sudhir Gupta, S/o Purushottam Gupta, Aged about 42 years, R/o Sarika Medical Stroes, Seepat Raod, Mopka, Police Station Sarkanda, District Bilaspur (C.G.) ---- Appellant

Versus

• State of Chhattisgarh through Police Station, Police Station Sarkanda, District Bilaspur (C.G.) ---- Respondent For Applicant :

Shri Arvind Shrivastava , Adv.

For Respondent :

Shri Ravi Bhagat, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 27.05.2019

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 409/2019 registered at Police Station Sarkanda, District, Bilaspur (C.G.) for the offence punishable under Section 21 & 22 of the NDPS Act 1985.

2. The prosecution story in brief is that acting upon a tip-off, Police conducted search of the applicant and he was found in unauthorized possession of 200 bottles of Rexcore Syrup and thereby committed offence.

3. Learned counsel for the applicant submits that the applicant is innocent person and he has falsely been implicated in the crime in question. He further submits that the applicant is in

custody since 25.04.2019, charge-sheet has not been filed, therefore, applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the applicant was found in cautious possession of 200 bottles of Rexcore Syrup.

5. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that applicant is in custody since 25.04.2019, charge-sheet has not been filed and the trail is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

6. Accused/applicant namely Sudheer Gupta is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the trail Court. He is directed to appear before the trail Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Vacation Judge Vijay Sahu