High Court Of ChhattisgarhMCRC/6023/2019allowed

Arvind Dubey v. State Of Chhattisgarh

2019-11-14Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6023 of 2019 • Arvind Dubey, S/o Ramastav Dubey, Aged About 38 Years, R/o Purvidhi, P.S.- Chainupar, District- Palamu, (Jharkhand). ---- Applicant

Versus

• State Of Chhattisgarh, Though: Station House Officer, Police StationRajpur, District- Balrampur-Ramanujganj, (C.G.). ---- Respondent For Applicant : Mr. Vivek Kumar Tripathi, Adv.

For Respondent/State : Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 14.11.2019

1. 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. 188/2019 registered at Police Station Rajpur, Distt. Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 21 (B) of the N.D.P.S. Act.

2. The prosecution story, in brief is that, on 14.08.2019, on the basis of information, police personnel searched and seized two beg containing cough syrup in one beg 155 litre and another beg 125 litre in the cough syrup bottle from the applicant. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in jail since 14.08.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case

diary.

6. 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 14.08.2019 and 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.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- 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