Mohd. Nisar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.6685 of 2021 Mohd. Nisar S/o Mohd. Najeeb Aged About 36 Years R/o Taj Nagar, Santoshi Nagar, P. S. Tikrapara, Raipur District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Tikrapara District Raipur Chhattisgarh ---- Non-Applicant For the Applicant:

Shri Sukhdev Prasad, Advocate.

For the Non-Applicant/State:

Shri Amit Kumar Verma, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24.09.2021 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.210/2021 registered at Police Station - Tikrapara, District - Raipur, 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 29.06.2021 and has been falsely implicated in this case. The charge sheet has been filed. Hence, it is prayed that the Applicant may be enlarged on bail.

3.

On the other hand, learned Counsel for the State opposed the bail application.

4.

Heard Counsel for both the parties and perused the case diary.

5.

According to the prosecution case, 1.3 kgs of ganja has been seized from the possession of the present Applicant by the police, hence, this case.

6.

Considering the submissions and the circumstances present in this case, it appears that the present Applicant does not have any criminal antecedents against him and the trial of the case is likely to take sometime for its conclusion and 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 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 trial Court for his appearance before the said Court as and when directed. In case any default is committed by the Applicant in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically. Sd/- (Rajendra Chandra Singh Samant) Judge Priya