Jaidev Mahant v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3834 of 2018 • Jaidev Mahant Bhurudas Mahant, Aged About 24 Years Caste Mahant, R/o Adhbhar, Police Station Maalkharoda, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate , District JanjgirChampa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Vivek Singhal, Advocate.

For Respondent :

Mr. Vinod Tekam, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/07/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.270/2018 registered at Police Station- Sakti, District - Janjgir-Champa(C.G.) for the offence punishable under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 6.5.2018. This applicant was the person employed by the main accused Shivam Agrawal in his transport garage and he had nothing to do with the said contraband. The main accused has been granted regular bail by this Court, hence, it is prayed that he may be released

Page No.2 on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. A raid was conducted by police personnel of PS-Sakti in the premises of Om Garage and found 14 cartons containing 1752 bottles of Ultrarex CD Cough Syrup 100 ml each was found. Hence, this case.

6. Considering the entire material present in the case diary and looking to this fact that the main accused Shivam Agrawal has been granted regular bail in MCRC No.3583 of 2018 vide order dated 26.6.2018 by this Court, Hence, I am of this view that this is a fit case where the application filed by the applicant is deserves to be allowed.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha