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High Court Of ChhattisgarhMCRC/5345/2021allowed

Mukesh Kumar Sao v. State Of Chhattisgarh

2021-08-26Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5345 of 2021 • Mukesh Kumar Sao, S/o Kishore Prashad Sao, Aged About 39 Years, R/o Infront of Durga Petrol Pump, Bihari Basti, Gondwara, Khamtrai, Police Station - Khamtrai, District (Revenue And Civil)- Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station - Khamtrai, District-Raipur, Chhattisgarh.

---- Respondent For Applicant : Mr. Yogesh Chandra Pandey, Advocate.

For State/respondent : Mr. Anil Tripathi, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 26/08/2021 Heard.

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.388/2021 registered at Police-Station-Khamtrai, District-Raipur, Chhattisgarh for the offence punishable under Sections 18-B of Narcotics Drugs and Psychotropic Substances Act, 1985.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. He is in jail since 01.07.2021. The applicant has no criminal antecedent and there is

likelihood of delay in investigation and in trial, therefore, it is prayed that this applicant may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

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

5. 550gm opium the narcotic substance has been seized from the grocery shop of this applicant. Hence, this case.

6. Considered on the submissions. As it appears that this applicant does not have any criminal antecedent and as there is likelihood of delay in investigation and in trial, for these reasons, I feel inclined to allow the application of this applicant.

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