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High Court Of ChhattisgarhMCRC/6490/2021allowed

Khik Lal Sidar v. State Of Chhattisgarh

2021-09-29Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6490 of 2021 Khik Lal Sidar, S/o. Bodh Ram/Budhram Sidar, Aged About 22 Years, R/o. Village- Gorkha, Police Station Kotara Road Raigharh, Tah and District - Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through - Thana In-Charge, District Level Flying Squad Excise, District- Raigarh, Chhattisgarh. ---- Respondent For Applicant : Mr. Rajendra Tripathi, Advocate For Respondent/State : Mr. Ankur Kashyap, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 29/09/2021 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.60/2021, registered at Police Station - District Level Flying Squad Excise, District Raigarh (C.G.) for the offence punishable under Section 20(b) (II) (B) of N.D.P.S. Act.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 06.08.2021. Hence, it is prayed that the applicant may be released on bail.

3.

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

I have heard the learned counsel for both the parties and perused the case diary.

5.

As per the prosecution case, 3.5 Kg of Ganja was seized from the possession of this applicant. Hence, this case. 6.

Considered on the submissions. Taking into consideration the quantity of the contraband seized and further considering the fact that this applicant does not have any criminal antecedents, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram