Narendra Bharia v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7653 of 2021 • Narendra Bharia S/o Shri Ashok Kumar Bhariya Aged About 32 Years R/o Bhatapara, Gopalpur, Police Station Darri, Tehsil Katghora and District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, District : Korba, Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicant :

Mr. Shailendra Dubey, Advocate.

For State :

Mr. Avinash K. Mishra, G.A.

Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 26/10/2021 Heard.

1. This is third application for grant of bail.

2. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.327/2020 registered at Police Station- Kotwali, District : Korba, C.G. for the alleged commission of offence under Section 22 (c) of NDPS Act, 1985.

3. First bail application was dismissed as it was not duly constituted and the second bail application was dismissed on merits.

4. Applicant and co-accused were found in illicit possession of 1.204 kg of medicines Pyeevon Spas Plus and Spasmo Proxyvon Plus, containing 'Tramadol' Psychotropic Substance on 15.04.2020.

5. Learned counsel for the applicant would submit that co-accused has already been granted bail on 15.09.2021 passed in MCRC No.5400 of 2021 in the case of Komal Rathore Vs. State of C.G. on account of delay in trial. Learned counsel for the applicant is arguing for consideration of bail only on the ground that co-accused has been granted bail on the ground of delay in completion of

trial.

6. On the other hand, learned State Counsel opposes the bail application and submits that the present case of the applicant is different from that case.

7. Taking into consideration the submissions of learned counsel for the parties, particularly taking into consideration that the co-accused has already been granted bail, therefore, at this stage, considering the principle of parity, I am inclined to grant bail to the applicant.

8. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- along with one surety of the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

9. Certified copy as per rules.

Sd/- (Narendra Kumar Vyas) Judge Ravi