Balram Kansari v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9416 of 2020 • Balram Kansari S/o Naveen Kansari, aged about 36 years R/o Maharaja Gali, Ambikapur, Police Station Ambikapur, District Surguja (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through the Station House Officer, Police Station Ambikapur, District Surguja (C.G.) ---- Respondent ____________________________________________________________ For Applicant :

Mr. B.P. Singh, Advocate on behalf of Mr. Vidya Bhusan Soni, Advocate For Respondent/State :

Mr. Alok Nigam, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 07/06/2021 Heard.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No. 579/2020 registered at Police - Ambikapur, District Surguja (C.G.) for the offence punishable under Section 21 (B) of the NDPS Act.

2. It is submitted that the applicant has been falsely implicated in this case. There is no criminal antecedent against the applicant. He is in jail since 03/10/2020, hence, it is prayed that he may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant has been found in

Page No.2 possession of contraband, therefore, he is not entitled for grant of bail.

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

5. As per prosecution case, 5.07 grams of brown-sugar kept in a polythene has been seized from the possession of the applicant. The applicant has been arrested on 03/10/2020.

6. Considered on the submissions as the charge-sheet has been filed and there is no criminal antecedent against the applicant, I feel inclined to allow the application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge rahul