Anil Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9168 of 2020 • Anil Singh, S/o Chandrika Singh, Aged About 40 Years, R/o Kritika Medical Store, Dr. Talekar Line, Ajad Market Durg Tahsil & District Durg P. S. Nevai.

---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Nevai, District- Durg Chhattisgarh.

---- Respondent For Applicant : Mr. Rajendra Kumar Patel, Adv.

For Respondent/State : Mr. Udhaw Sharma, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06.04.2021

1. Heard.

2. 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. 312/2020 registered at Police Station- Nevai, District- Durg (C.G.) for the offence punishable under Section 22 (C) of the N.D.P.S. Act.

3. The prosecution story, in brief is that, police personnel seized 70 pieces of Tuscorex-plus (each 100 ml), 30 pieces of syrup KOP FREE (each 100 ml), 9 pieces of syrup Zylocoff-CD (each 100 ml), 2 pieces of syrup COSSEX (each 100 ml), total 7 packets of Alphrazolam Tablets, Alpra Zyl-0.5 B.No. AYMT-1005, 1 packet of Alpra Zyl-0.5 B.No. AYMT-1004, 2 packets of Alpra Zyl-0.5 B.No. AYMT-1006 and 01 packet of Alprawin-0.5 B.No. APMT1054 from the possession of present applicant. Thereafter, offence has been registered against the present applicant.

4. 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 is in jail since 29.10.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application submitting that there is no representation of bill on behalf of the applicant regarding purchasing of medicines and also one antecedent has been registered against him in the year 2019, therefore no case is made out to release him on bail.

6. I have heard learned counsel for the parties and perused the records.

7. 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 29.10.2020, 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.

8. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/-, 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