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High Court Of ChhattisgarhMCRC/5034/2021allowed

Shyam Sunder, v. State Of Chhattisgarh

2021-08-19Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5034 of 2021 Shyam Sunder, S/o Firatram Sidar, Aged About 48 Years R/o Ward No. 1, Bazarpara, Pardhiya Saraipali, Post - Arangi, Thana Basna, District Mahasamund Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh, Through Police Station - Basna, District Mahasamund Chhattisgarh.

---- Respondent For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Mrs. Smriti Shrivastava, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 19/08/2021 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 applicant, who has been arrested in connection with Crime No.266/2021, registered at Police Station - Basna, District - Mahasamund (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs Psychotropic Substance Act.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 21.05.2021. Charge-sheet in this case has been filed. Trial of this case is likely to take sometime. Hence, it is prayed that the applicant may 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.

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

5.

As per the prosecution case, 4.5 Kg. Ganja was seized from the compound of house of this applicant. Hence, this case. 6.

Considered on the submissions. There appears to be no criminal antecedent of this applicant and the trial of the case is likely to take sometime, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram