Pranav Datt Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8350 of 2020 • Pranav Datt Pandey, S/o Vishnu Dev Pandey, Aged About 45 Years, R/o Village - Baloda, Police Station- Baloda, DistrictJanjgir-Champa (Chhattisgarh). ---- Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Station- Masturi, District Bilaspur (Chhattisgarh). ---- Respondent For Applicant : Mr. Somnath Verma alog with Mr. Ritesh Verma, Adv.

For Respondent/State : Mr. Samir Uraon, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 24.03.2021

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 484/2020 registered at Police Station- Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 21 & 22 of the N.D.P.S. Act.

2. The prosecution story, in brief is that, on 08.11.2020, on the basis of secret information, police seized 40 pieces of generex CD Syrup (100 ml each) from the co-accused person. After recording the memorandum of co-accused, the police seized 100 pieces of generex CD Syrup from the possession of applicant. Thereafter, offence has been registered against the present applicant and other co-accused person.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in

question. He further submits that applicant has no previous criminal record and the applicant is in jail since 08.11.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 08.11.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi