Lokesh Kumar Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8720 of 2018 Lokesh Kumar Agrawal S/o Manoj Agrawal, aged about 27 years R/o Sadar Bazar, Champa, Ward No. 19, Police Station Champa, District Janjgir Champa (C.G.) --- Applicant

Versus

State of Chhattisgarh, through District Magistrate Janjgir, Police Station Champa, District Janjgir-Champa ---- Respondent For Applicant :

Mr. Pankaj Agrawal, Advocate For Respondent :

Mr. Adil Minhaj, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 14/12/2018 1.

The Applicants have preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 284/2018 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Section 22 (B) of the NDPS Act.

2.

As per prosecution story, on 23/10/2018 on the basis of information received from the informant, the police party searched the medical store of the Applicant and seized 170 bottles of codeine mixed RC Cough Syrup, each bottle containing 100 ml. On being examination, total 34 grams of prohibited drugs was found in those bottles. The Applicant has been arrested on 23/10/2018.

3.

Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated. He further

submits that the quantity of prohibited drugs in the said bottles are between small and commercial quantity. He further submits that the Applicant is in custody in 23/10/2018, he has no criminal antecedent and trial will take time, therefore, he may be released on bail. 4.

Counsel appearing on behalf of the State also opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the Applicant is in custody since 23/10/2018, the quantity of prohibited drugs in the seized bottles are between small and commercial quantity and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the Applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

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