Vijay Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6077 of 2021 Vijay Kumar Singh, S/o. Shri Vishwanath Singh, aged about 33 years, Occupation- Shop Keeper, R/o. Village- Sarganwa, Manjhali Para, PostOffice- Sakalo, Ps- Gandhi Nagar, Tahsil- Ambikapur, District- Sarguja, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh, Through : The Station House Officer, Police StationGandhi Nagar, District- Sarguja, Chhattisgarh. ---- Respondent For Applicant : Mr. Jitendra Shrivastava, Advocate For Respondent/State : Mr. Alok Nigam, Govt. Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 09/09/2021 1.

This is the second 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.205/2021, registered at Police Station - Gandhi Nagar, District - Sarguja (C.G.) for the offence punishable under Section 22-B of the N.D.P.S. Act. The first bail application of the applicant was dismissed as withdrawn vide order dated 08.07.2021 with liberty to revive the same after filing of charge-sheet.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 26.04.2021. Charge-sheet in this case has been filed and the trial of the case is likely to be delayed. Therefore, it is prayed that the applicant may be released on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

5.

As per prosecution case, 9.90 Grams of Brown Sugar has been seized from the possession of this applicant.

6.

Considered on the submissions. As it appears that this applicant does not have any criminal antecedents and the conclusion of trial is likely to be delayed, hence for this reason this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram