Jwala Prasad Chaturvedi v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4876 of 2018 • Jwala Prasad Chaturvedi S/o Indermal Prasad Chaturvedi, Aged About 30 Years, R/o Near Bus Stand, Behind Peetal Karkhana, Shaktipara Baloda Bazar, P.S. City Kotwali, District Baloda Bazar Bhatapara Chhattisgarh, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station City Kotwali, District Baloda Bazar Bhatapara Chhattisgarh, District : BalodabazarBhathapara, Chhattisgarh ----Non-applicant For Applicant - Shri Arun Kochar, Advocate. For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-08-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 06-06-2018 in connection with Crime No.297/2018 registered at P.S. -City Kotwali, District Baloda Bazar Bhatapara, Chhattisgarh for the offence under Section 21(c) of the N.D.P.S. Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in custody since 06-06-2018. No case is made out against him as the article seized from the applicant is not a narcotic substance under the schedule of the N.D.P.S. Act. Hence, it is prayed that the applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application submitting that this applicant is habitual offender having been prosecuted for offences under the provisions of the IPC in three occasions, hence, the application may be rejected.

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

In this case, seizure of 5472 tablets SPASMO.PROXYVON-PLUS have been seized for the possession of this applicant. Hence, this case. 6.

The seizure of the article above does not seem to be included in any of the schedule of the N.D.P.S. Act, hence, after due consideration, I feel inclined to grant regular bail to this applicant.

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 Aadil