Umesh Suryawanshi @ Guddu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8652 of 2018 • Umesh Suryawanshi @ Guddu S/o Bhakulal Suryawanshi, aged about 21 years, R/o Village - Sarwani, Police Station Saragaon, District - Janjgir - Champa, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Saragaon, District - Janjgir - Champa, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Basant Dewangan, Advocate.

For Respondent/State : Shri Bhaskar Payashi, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 23/01/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 29/2018, registered at Police Station - Saragaon, District - Janjgir-Champa, Chhattisgarh, for the offence punishable under Sections 21(B) of NDPS Act.

2. As per the prosecution story, on 29.08.2018, on the basis of information received from an informant, Investigating Officer of the case searched the Applicant and total 250 bottles of Cough Syrup namely GNREX Syrup, each bottle containing 100ml have been seized from his possession. On being examined, 50 gm of prohibited drug codeine has been found. The Applicant has been taken into custody on 29.08.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that the quantity of the prohibited drug found is

between small and commercial quantity. He also states that chargesheet has been filed, the Applicant is in custody since 29.08.2018 and trial will take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

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

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that quantity of the prohibited drug found is between small and commercial quantity, the Applicant is in custody since 29.08.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash