Manish Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8738 of 2020 • Manish Verma S/o Late Nand Lal Verma Aged About 26 Years, R/o Polsai Para, Shyam Nagar, Durg, Police Station City Kotwali, Durg, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through - The Station House Officer Police Station Durg, District Durg, Chhattisgarh.

---- Respondent For Applicant :

Mr. Jitendra Gupta, Adv.

For Respondent/State :

Ms. Ishwari Ghritlahre, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 05/04/2021

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. 747/2020 registered at Police Station Durg, District-Durg (C.G.) for the offence punishable under Section 22/8 of the NDPS Act.

2. The prosecution story, in brief is that, police has received a secret information that the applicant has kept Rexmas drugs in the white plastic bag in front of his house. On the basis of information police personnel searched the said spot and seized 46 bottles of Rexmas Syrup (100 ml each bottle) and the applicant has unable to show the documents in this regard. Thereafter, offence has been registered against the present applicant.

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 the seized article from the possession of the applicant is in small quantity and the applicant is in jail since 29.10.2020, there is no likelihood of his case being decided in near future, therefore, the present appellant 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, detention period of applicant and further considering the facts that the applicant is in jail since 29.10.2020 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 H.L. Sahu