Girwar Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7210 of 2019 • Girwar Das S/o Omkar Das Aged About 28 Years, R/o Village Gajadharpur, Outpost Latori, Police Station Jainagar, Tahsil And District Surajpur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Jainagar, District Surajpur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Anil Gulati, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/01/2020

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. 194/2019 registered at Police Station Jainagar, District-Surajpur (C.G.) for the offence punishable under Section 21 (B) of Narcotic Drugs and Psychotropic Substances Act.

2. The prosecution story, in brief is that, on 16.08.2019, police received an information by informant that the applicant carrying injection and cough syrup for the purpose of sell and on the basis of such information the police personnel searched and seized Pheniramine Maleate injection IP (Avil 10 ml.) 55 pieces, and Rexojesik injection 57 pieces from the possession of present 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. He further submits that the seizure witnesses have turned hostile and the applicant is in jail since 16.08.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant 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, detention period of applicant and further considering the facts that the seizure witnesses have turned hostile and the present applicant is in jail since 16.08.2019 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, subject to following conditions: • That, the applicant will furnish a specific, undertaking that while on bail, he will not commit any offence, otherwise bail granted to him will be liable to be cancelled and shall co-operate the prosecution during trial.

• That, the accused/applicant will make himself available for interrogation before the concerned Investigating Officer as and when required and the accused/applicant will not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

• That, the accused/applicant will not act, in any manner, which will be prejudicial to fair and expeditious trial.

• That, he will furnish a personal bond in the sum of Rs. 1,00,000/- 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 H.L. Sahu