Akil Ahmad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7845 of 2019 • Akil Ahmad S/o Shri Mohammad Hussain, Aged About 32 Years, R/o Behind Magneto Mal, Bharat Chowk, Near Tailor Shop Police Station Civil Lines Bilaspur Tahsil And District - Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : City Kotwali Bilaspur, District Bilaspur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Dheerendra Pandey, Adv.

For Respondent/State :

Mr. Akhtar Hussain, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22/01/2020

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. 379/2019 registered at Police Station-City Kotwali, District - Bilaspur (C.G.) for the offence punishable under Sections 22 of NDPS Act.

2. The prosecution story, in brief is that, on the basis of information received by the informant police personnel searched and seized 10 ML 25 Shishi along with bag and Nitravet-10 C (Nitrazepam Tablests IP) Tablet of one rapper in 15 Tablet two-two joint rapper total 870 tablets from the possession of 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. He further submits that the seized quantity of the said drugs is less than commercial quantity and the applicant is in jail since 23.10.2019, 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 seized quantity of the said drugs is less than commercial quantity and the applicant is in jail since 23.10.2019 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 H.L. Sahu