Shubham Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5316 of 2021 Shubham Agrawal S/o Late Rajendra Kumar Agrawal Aged About 25 Years R/o Chatihdih, Police Station Sarkanda, District Bilaspur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Of Police Station Sariya, District Raigarh Chhattisgarh.

---- Respondent For the Applicant :

Shri Shailendra Dubey, Advocate.

For the Respondent/State :

Shri Amit Kumar Verma, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

25.08.2021 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 applicant who has been arrested in connection with Crime No.132 of 2021, registered at Police Station - Sariya, District - Raigarh, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that the applicant is in jail since 3.7.2021 and has been falsely implicated in this case. No offence has been committed by the applicant. The contraband was seized from the dicky of the taxi car, in which the applicant was traveling, therefore, he was not in conscious possession. Hence, it is prayed that the applicant 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.

According to the prosecution case, 7 kg of ganja (narcotic substance) was seized from the car in which the applicant was traveling. Hence, this case.

6.

Considered on the submissions. The applicant does not have any criminal antecedents and the conclusion of the trial is likely to take some time for its final disposal, therefore, I feel inclined to grant regular bail to the applicant.

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. 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