Arjun Kumar Verma v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7664 of 2021 • Arjun Kumar Verma, S/o Shri Raja ram Verma, Aged About 20 Years, R/o Sdm Colony, Karvi, Police Station Karvi Uttar Pradesh, Civil and Revenue, District- Karvi, U. P. ---- Applicant
Versus
• State of Chhattisgarh, Through- Police Station Devendra Nagar, District- Raipur, Chhattisgarh. ---- Non-Applicant For Applicant : Shri Ajay Mishra, Advocate For Non-Applicant/State : Shri Shakti Singh, P. L. Hon'ble Shri Justice Gautam Chourdiya Order on Board 29.11.2021 Heard.
1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 19.08.2021 in connection with Crime No.102/2021, registered at Police Station-Devendra Nagar, Raipur, DistrictRaipur (C.G.) for the offence punishable under Section 20 B of NDPS Act.
2) Allegation against the applicant is that he was found in illegal possession of 3 kg cannabis.
3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant is first offender, he has no criminal antecedents, there is no likelihood of his tampering with the prosecution evidence or absconding. The applicant is in jail since 19.08.2021 and trial is likely to take some time for disposal. Therefore, the applicant be released on bail by this Court.
4) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has no criminal antecedents.
5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity contraband article cannabis, the detention period of the applicant, who is 20 years old, the fact that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsel, conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.
6) It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 2,00,000/- with two sureties of Rs1,00,000/- each, of which one shall be local surety to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (iv) he shall strictly follow the COVID-19 protocol issued by the Central Government/State Government/Local Authority, (v) he shall not involve himself in any offence of similar nature in future.
Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.
Sd/- (Gautam Chourdiya) Judge Nadim