Sanjay Kukreja v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5133 of 2018 • Sanjay Kukreja S/o Krapal Lal Chand Kukreja Aged About 32 Years R/o Medical Complex, Telipara, Bilaspur, Tehsil And District- Bilaspur, Chhattisgarh......(In Jail), District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station City Kotwali, DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Sunil Otwani, Advocate.

For Respondent :

Mr. N.K. Mehta, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/08/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.322/2018, registered at Police Station- City Kotwali, District- Bilaspur(C.G.) for the offence punishable under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 10.07.2018. No case is made out against him. Hence, it is prayed that applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions

Page No.2 made in this respect.

4. Heard both the parties and perused the case diary.

5. On the date of incident on 10.07.2018 on a search made by the police personnel of PS-City Kotwali, District-Bilaspur made a seizure of huge quantity of Tusscodine-T Cough Syrup and SPASPOKRAN Plus Capsules containing prohibited narcotic substance in the medicine seized from this applicant are more than lesser quantity but lesser than commercial quantity. Hence, this case.

6. Considered on the entire material present in the case diary and also for the reason that there is no requirement of any custodial interrogation of the applicant for the purpose of any investigation pending. Hence, I am of this view that this is a fit case where the application filed by the applicant is deserves to be allowed.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha