Md. Hasim v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5552 of 2019 • Md. Hasim, S/o - Abdul Sakoor, Aged About 35 Years, R/o - Nehru Nagar, Raipur, District-Raipur, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through S.H.O. Police Station - Kotwali, Raipur District Raipur Chhattisgarh.
---- Respondent MCRC No. 5922 of 2019 • Mohd. Mohsin Khan S/o Mohboob Khan Aged About 32 Years R/o Nehru Nagar, Raipur, Tahsil And District- Raipur, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Kotwali, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent MCRC No. 6226 of 2019 • Md. Sheikh Salman S/o Sheikh Chand Aged About 25 Years R/o Pandri, Near Badi Masjid, Raipur, District Raipur Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, Raipur, District Raipur Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicants :Mr. Pushkar Sinha, Advocate in MCRC No.5552 of 2019.
Mr. Anil Gulati, Advocate in MCRC No.5922 of 2019.
Mr. Ajay Mishra, Advocate in MCRC No.6226 of
Page No.2 2019.
For Respondent :
Mr. Arijit Tiwari, Panel Lawyer.
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 04/10/2019
1. Since the above bail applications arise out of the same crime number, they are being disposed of by this common order.
2. Both these applications filed under Section 439 of the Code of Criminal Procedure, 1973 are first bail applications of the applicants for grant of regular bail as they are in custody in connection with Crime No.366/2019 registered at Police Station- Kotwali, Raipur, DistrictRaipur (C.G.) for the offence punishable under Section 22(B) of N.D.P.S. Act.
3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. These applicants have not committed any offence. Charge-sheet has been filed after completion of investigation. Hence, it is prayed that they be released on regular bail.
4. Learned counsel for the respondent/State opposes the applications and submissions made in this respect.
5. Heard both the parties and perused the case diary.
6. The police-personnel of police-station-Kotwali, District-Raipur made seizure of Nitrosun Tablet 10 strips, 3 bottles of RC cough syrup from the possession of applicant Md. Hasim; 15 strips of Nitrosun Tablets of from the possession of applicant Mohd. Mohsin Khan and 10 wrappers of Nitrosun tablet and 3 bottles of RC cough syrup from the possession
Page No.3 of applicant Md. Sheikh Salman, when these applicants were engaged in selling these medicines. As these medicines contains of Tranedene & Codeine, the same are prohibited drugs under the Schedule to the NDPS Act.
7. Considering that the charge-sheet has already been filed; these applicants are local residents of District-Raipur and that they shall be available for trial, I feel inclined to allow bail application of these applicants.
8. Accordingly, the bail applications of these applicants are allowed. It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/-each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
Sd/- (Rajendra Chandra Singh Samant) Judge Nisha