Depesh Kumar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5847 of 2019 • Depesh Kumar Sharma S/o Seetaram Sharma Aged About 30 Years R/o Village Hardi Bazar, Tahsil Pali, District Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Bilaspur, Chhattisgarh. ---- Respondent For Applicant : Shri Vijay Kumar Sahu, Advocate For Respondent/State : Shri B.L.Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 07/11/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 543/2019 registered at police station Civil Lines, District Bilaspur(CG) for the offence punishable under Sections 21, 22 and 34 of the Narcotics Drugs and Psychotropic Substances Act.

As per case of the prosecution, on receiving secret information the applicant along with co-accused was found carrying drug paraphernalia in one motor cycle and scooty who were intercepted on the way, behind Raghuraj Singh Stadium and were found in possession of intoxicating injections, syrup containing codeine.

Counsel for the applicant submits that the applicant has been falsely implicated in the crime. He further submits that the applicant is a salesman and his work was only supplying the medicine to different shops. He submits that the applicant is in jail since 20.08.19 and the trial may take some time for its disposal and therefore he may be released on bail.

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

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, the application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna