High Court Of ChhattisgarhMCRC/71/2020allowed

Puspendra Kumar v. State Of Chhattisgarh

2020-02-13Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 71 of 2020 • Puspendra Kumar S/o Vinod Kumar Patel Aged About 25 Years Caste- Kurmi, R/o Village Cherhapara, Charcha Kalari, Police Station Charcha, Tahsil Baikunthpur, District Koriya, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Charcha, District Koriya, Chhattisgarh. ---- Respondent For Applicant :

Ms. Indira Tripathi, Adv.

For Respondent/State :

Mr. Akhtar Hussain, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13/02/2020

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. 164/2019 registered at Police Station Charcha, District-Koriya (C.G.) for the offence punishable under Section 21-C of the NDPS Act.

2. The prosecution story, in brief is that, on the basis of information received by the informant police personnel searched and seized 3 box total 1800 numbers of Alpraseph Tablet and 200 pieces of English intoxicating Cough Syrup from the possession of the 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 charge-sheet has been filed and the applicant is in jail since 13.10.2019, 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 applicant is in jail since 13.10.2019 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