Budhram Aditya v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5999 of 2017 • Budhram Aditya S/o Shyam Lal Aditya, Aged About 32 Years R/o Jhilmila, Saraipali, Police Station Saraipali, District Mahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Saraipali, District Mahasamund, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Vikas Pradhan, Advocate For Respondent :

Mr. Ashok Swarnkar, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 23/10/2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 73/2017, registered at Police Station- Saraipali, District - Mahasamund (C.G.) for the offence punishable under Section 21(C) of the Narcotic Drugs Psychotropic Substances Act.

2.

After completion of investigation, charge-sheet has been filed. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 04.03.2017; therefore, he may be released on bail.

3.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that the case against the applicant grievous in nature and he is not entitled for grant of bail.

Page No.2 4.

Heard both the parties and perused the case diary. 5.

On 4.3.2017 a vehicle bearing registration No.CG No.06-GA-9201 was stopped and searched in which 21 cartons containing ESKUF Cough Syrup in bottles 3306 numbers were found in possession of occupants of the vehicle of whom applicant was one of the occupant. Seizure was made, FIR was registered applicant and other two persons were arrested. It is submitted by counsel for applicant that the co-accused persons in this case have already been enlarged on bail by order of this Court in MCRC No.3521/2017 dated 6.10.2017. 6.

Considering the facts and circumstances of the case and that the case is likely to take some time, applicant is local resident of the locality and his application deserves to be allowed.

7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on 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.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge NIsha