← Library
High Court Of ChhattisgarhMCRC/5400/2021allowed

Komal Rathore v. State Of Chhattisgarh

2021-09-15Hon'Ble The Acting Chief Justice2 pages

MCRC No.5400 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5400 of 2021

1. Komal Rathore S/o Shri Siyaram Rathore Aged About 25 Years R/o Village Agarkhar (Lata) P.S. Darri, Tehsil Katghora, District Korba Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, Dist. Korba Chhattisgarh ---- Respondent For Applicant Mr. Shailendra Dubey, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. Govt. Advocate Order on Board By Prashant Kumar Mishra, Ag. CJ 15/9/2021 1.

Heard.

2.

The applicant has preferred this third bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.327/2020, registered at Police Station Kotwali, District Korba (CG), for the offence under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

First bail application was dismissed as it was not duly constituted and the second bail application was dismissed on merits.

MCRC No.5400 of 2021 4.

Applicant and co-accused Narendra @ Chotu Bharia were found in illicit possession of 1.204 kg. of medicines Pyeevon Spas Plus and Spasmo Proxyvon Plus, containing 'Tramadol' Psychotropic Substance on 15-4-2020.

5.

Albeit the quantity of Psychotropic Substance recovered from the applicant is more than the commercial quantity, but considering the fact that the applicant is in jail since 15-4-2020 i.e. for last about one year five months; and the conclusion of trial may take some time, I am of the opinion that present is a fit case to release the applicant on regular bail.

6.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Gowri Acting Chief Justice