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High Court Of ChhattisgarhMCRC/5775/2021allowed

Sameer Rai v. State Of Chhattisgarh

2021-09-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5775 of 2021

1. Sameer Rai, S/o Avani Rai, Aged About 42 Years, R/o Bhoipada, Police Station- Murbahar, Distt. Balangir (Odisha), Present AddressL.I.C. Colony, Mowa, H.No. 1284, P.S. Mowa, Distt. Raipur (Chhattisgarh).

2. Shyam Soni, S/o Vidhyadhar Soni, Aged About 50 Years, R/o Bajadi, P.S. Devbhog, Distt. Gariyaband, Present Adress- Gandhi Chowk Saddu, P.S. Vidhansabha, Distt. Raipur (Chhattisgarh). ---- Applicants

Versus

• State of Chhattisgarh Through Police Station- Mandir Hasoud, Distt. Raipur (Chhattisgarh).

---- Respondent __________________________________________________________ For Applicants :

Mr. Kishore Narayan, Advocate.

For Respondent :

Mr. Ankur Kashyap, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 14/09/2021

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 applicants who have been arrested in connection with Crime No.252/2021 registered at Police Station-Mandir Hasoud, District-Raipur(C.G.) for the offence punishable under Sections 20(B) of the N.D.P.S. Act.

2. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. Applicants are in jail since 17.07.2021. The applicants are innocent and have been falsely implicated in this case. Charge-sheet has been filed and there is likelihood of delay in conclusion of trial, hence, it is prayed that they may be enlarged on regular bail.

Page No.2

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. 3.3kg ganja the narcotic substance was jointly seized from the possession of these applicants. Hence, this case.

6. Considering on the submissions. As there is no criminal antecedents of these applicants. They are local residents of District-Raipur and also that there is possibility of delay in trial, for these reasons, I feel inclined to allow the application of these applicants.

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 regular bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha