Suraj Kumar Pusham & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8298 of 2019

1. Suraj Kumar Pusham & Anr. S/o Harmangal Pusham Aged About 23 Years R/o Vimlapur, Police Chuki- Dindo, Thana- Trikunda, DistrictBalrampur-Ramanujganj, Chhattisgarh.

2. Munshi Ram Poyam S/o Daramjeet Poyam Aged About 35 Years R/o Vimlapur, Police Chuki-Dindo Police Station- Trikunda, DistrictBalrampur-Ramanujganj, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station- Sanawal, DistrictBalrampur-Ramanujganj, Chhattisgarh. ---- Respondent For Applicants :

Mr. A.K. Yadav, Advocate.

For Respondent :

Mr. Vaibhav K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 06.02.2020 • The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 56/2019 registered at Police Station - Sanawal, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 21 (B) of NDPS Act. • According to the prosecution story, it has been alleged that the applicants had kept 40-40 bottles (total 80 bottles from both applicants) of contraband Phencyrex Cough Syrup containing 100 ML in each for selling, thus, committed crime, thereafter, Police Personnel searched and seized the same from the possession of applicants and they have been arrested.

• Learned counsel for the applicant submits that the applicants have been falsely implicated in the crime in question. He further submits that as the applicants are in custody since 24.11.2019 and the trial is likely to take some time for its final disposal, they 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, detention period of the applicants, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

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

Sd/- (Rajani Dubey) Judge Vijay Sahu