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High Court Of ChhattisgarhMCRC/6899/2019allowed

Rajesh Kumar Suryavanshi v. State Of Chhattisgarh

2019-12-03Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6899 of 2019

1. Rajesh Kumar Suryavanshi S/o Ram Kishore Suryavanshi Aged About 37 Years R/o Model Town, Ward No. 02, Near Durga Manch, Supela, District- Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Sho Police Station Mohan Nagar, Durg, District- Durg, Chhattisgarh.

---- Respondent For Applicant :

Mr. Aman Yadav, Advocate.

For Respondent/State :

Mr. Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 03/12/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 327/2019 registered at Police Station - Mohan Nagar, Durg District Durg (C.G.) for the offence punishable under Sections 22/8(B), 27A of NDPS Act, 1985. • It is the case of the prosecution that, on 22.09.2019, on the basis of secret information, police personnel searched the house of the applicant and seized intoxicated medicine i.e. 720 pcs capsule of SPASORID- POXIVON in 30 plastic wrapper and 30 plastic wrapper of AIPRAZOIAM TABLEST I.P. ALPRAVIN-05 total 2400 tablets and cash of Rs. 6240/- from the possession of present applicant and other co-accused persons. Thereafter, offence has been registered against the

applicant and the applicant had been arrested. • Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that as the applicant is in custody since 23.09.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

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

• I have heard learned Counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, the fact that he is in jail since 23.09.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- with one local surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu