Rakesh Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5153 of 2019 • Rakesh Kumar Gupta, S/o. Late Gulabchand Gupta, Aged About 45 Years, R/o. Village - Patharra, Outpost Kotmi, P.S. Pendra, Tahsil - Pendra, District Bilaspur Chhattisgarh, ---- Applicant

Versus

• State Of Chhattisgarh Through - Police Station - Pendra, District Bilaspur Chhattisgarh ---- Respondent For Applicant :

Mr. Amit Kumar, Advocate For State :

Mr. R.K. Bhagat, Deputy Government Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21/11/2019 1.

Heard.

2.

This is the third 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. 181 / 2017 registered at Police Station - Pendra, Distt. & Revenue Distt. Bilaspur, Chhattisgarh for the offence punishable under Section 20(B) (ii-B) of the N.D.P.S. Act, 1985 and Section 34(1)(A)(2) of the Excise Act, 1944.

3.

The applicant is in jail since 13.07.2017. The applicant's first bail application was dismissed as withdrawn by order of this Court dated 15.11.2017 passed in M.Cr.C. No. 6702/2017 and his second bail application was also rejected vide order dated 20.04.2018 passed in M.Cr.C. No. 2858/2018. Now this third bail application has been filed on the ground of delay in trial.

4.

Having heard learned counsel for the parties, and taking into consideration the nature and gravity of the offence, role of the present applicant (since, he is also facing a criminal trial for Crime No. 179/2015 under the NDPS Act), I do not consider it fit case for grant of bail to the applicant. Thus, third bail application stands rejected. However, the trial court is directed to conclude the trial expeditiously preferably within a period of three months from the date of receipt of certified copy of this order.

5.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge Vishakha