Partho Chakrawarty v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5967 of 2021 Partho Chakrawarty S/o Shri Prabhat Chakrawarty, Aged About 26 Years R/o. Village - Kapasi Colony, P.V. No.-07, Chootekapasi Police Station And Tahsil - Pakhanjur, District - North Bastar Kanker Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station - Pakhanjur, District - North Bastar Kanker Chhattisgarh. ---- Respondent For the Applicant :

Shri Sumit Shrivastava, Advocate.

For the Respondent/State :

Ms. Akshara Amit, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

09.09.2021 Heard.

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 applicant who has been arrested in connection with Crime No.42 of 2021, registered at Police Station - Pakhanjur, District - North Bastar Kanker, Chhattisgarh for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that the applicant is in jail since 2.4.2021 and has been falsely implicated in this case. The chargesheet has been filed and the trial of the case is likely to take sometime for its final disposal. Hence, it is prayed that the applicant be enlarged on bail.

3.

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

Heard counsel for both the parties and perused the case diary. 5.

In total, 240 capsules of Pronex Spas Plus capsules having content of Tramadol, a prohibited drug was seized from the possession of this applicant. Hence, this case.

6.

Considered on the submissions. As the contraband seized from this applicant is more than small quantity but less than commercial quantity and the applicant does not have any criminal antecedents, I feel inclined to grant regular bail to the applicant.

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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi