Deepak Tiwari v. State Of Chhattisgarh,

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.6014 of 2021 • Deepak Tiwari S/o Sunil Tiwari, Aged About 23 Years R/o. Ward No. 01, Pateratola, Gaurella, Pendra Road, District Gaurella - Pendra - Marwahi Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through - The Station House Officer, Police Station Hirri, District Bilaspur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Alok Kumar Gupta, Advocate.

For Non-applicant/State : Ms. Shivali Dubey, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-09-2021Sd/-

1. Heard on the application filed under Section 439 of the Cr.P.C. This is the first bail application filed for grant of regular bail. The applicant has been arrested on 31.01.2021, in connection with Crime No.14/2021, registered at Police Station- Hirri, District- Bilaspur, C.G. for offence punishable under Section 20(B), 20(C), 28 and 29 of N.D.P.S. Act.

2. It is submitted by the learned counsel for the applicant that this applicant has been falsely implicated in this case. The applicant is in jail since 31.01.2021. The contraband was jointly seized from this applicant and the two co-accused persons namely Prashant Sen and Ravi Sahu, who have been granted bail by this Court in M.Cr.C. No.5727 of 2021 and M.Cr.C. No.5942 of 2021 decided in common order dated 08.09.2021. This applicant is also similarly placed. Hence, it is prayed that this applicant may also be granted bail.

-23. Learned counsel for the State/non-applicant opposes the application and submits that it is a case of possession of commercial quantity of ganja, therefore, the application may be rejected.

4. Heard learned counsel for the parties and perused the case diary.

5. According to prosecution case, 20 kg of ganja was seized from the possession of this applicant and the three co-accused persons when the same was being transported in a car. Hence, this case.

6. Considered on the submissions. The case of this applicant is similar to the co-accused persons namely Prashant Sen and Ravi Sahu, therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika