High Court Of ChhattisgarhMCRC/5836/2021allowed

Abdul Salim v. State Of Chhattisgarh

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

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5836 of 2021

1. Abdul Salim, S/o Abdul Samad, Aged About 52 Years, R/o Bhathgaon, Bsup Colony, Block No. 16/2, P.S.-Purani Basti, District-(Revenue and Civil )raipur, Chhattisgarh, District : Raipur, Chhattisgarh

2. Mohd. Asit Siddiqui, S/o Maksood Ahmad, Aged About 21 Years, R/o Ramshwer Nagar, Azad Chowk, Bhanpuri, P.S.-Khamtrai, Raipur, District-(Revenue and Civil)-Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station-., District : Raipur, Chhattisgarh ---- Respondent For Applicants : Mr. Yogesh Pandey, Advocate.

For State/respondent : Mr. Alok Nigam, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 09/09/2021 Heard.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime No.399/2021 registered at Police-Station-Khamtrai, DistrictRaipur(C.G.) for the offence punishable under Sections 20(B) of NDPS Act.

2. It is submitted by the learned counsel for the applicants, that the applicants have been falsely implicated in this case. They are in jail since 10.07.2021. Charge-sheet has been filed, hence, 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. 1.2kg ganja has been seized from the possession of this applicant No.1 and 1.3kg ganja has been seized from the possession of applicant No.2 by the police. Hence, this case.

6. Considered on the submissions. As there is no criminal antecedent of these applicants and there is likelihood of delay in conclusion of trial, I feel inclined to allow the application of this applicants.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on 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