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High Court Of ChhattisgarhMCRC/5904/2021allowed

Akshaya Kumar Dongri v. State Of Chhattisgarh

2021-09-07Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5904 of 2021 Akshaya Kumar Dongri S/o Chaitan Dongri Aged About 19 Years R/o Village Darripali, Police Station Ambabhauna, Tehsil - Bhathali, District Bargarh, Odisha.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station - Sariya, District Raigarh, Chhattisgarh.

---- Respondent For the Applicant :

Shri Sanjay Agrawal, Advocate.

For the Respondent/State :

Shri Shakti Singh, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

07.09.2021 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.28 of 2021, registered at Police Station - Sariya, District - Raigarh, Chhattisgarh for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Learned counsel for the applicant submits that the applicant is in jail since 4.3.2021 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.

On the date of incident, on a search made by the police personnel of P.S. Sariya, District Raigarh, 5.1 kg of ganja was recovered from the possession of this applicant. Hence, this case. 6.

Considered on the submissions. The applicant does not have any criminal antecedents and the conclusion of the trial is likely to take some time for its final disposal, therefore, 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