Chattisgarh High Court
Sourabh Yadav vs State Of Chhattisgarh on 10 August, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCrC No. 5686 of 2022
Sourabh Yadav S/o Pitambar Yadav Aged About 30 Years R/o Venkat Nagar,
Station Road, Jatahari, District Anuppur (M.P.) , Present Address Santoshi
Nagar, Bazarpara, Tikrapara , Raipur, (C.G.).
---- Applicant
(In Jail)
Versus
State Of Chhattisgarh Through The Police Station City-Kotwali, District
Raipur (C.G.)
---- Respondent
For Applicant - Shri Praveen Kumar Tulsiyan, Advocate For State - Shri Sameer Uraon, G.A. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 10/08/2022
1. This first application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 169/2022 registered at Police Station- City-Kotwali, District Raipur (C.G.) under offence punishable U/s. 22(B) of the NDPS Act
2. Case of the prosecution in short is that on 02.06.2022 upon confidential information that the applicants were looking to some customer for sell the Nitrazepam Drugs Tables in the side of the Pujari Park, Raipur (C.G.). Police was seized 300 pieces (171 gms.) of contraband Nitrazepam tablets and 57 gms Nitrazepam tablets from the joint possessions of the applicants.
3. Counsel for the applicant submits that he has been falsely implicated charge-sheet has been filed, no criminal antecedents and he is in jail since 02/06/2022, therefore, he may be released on bail.
4. On the other hand learned Counsel for the State vehemently opposses the bail application.
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5. I have heard learned counsel for the parties.
6. Considering the fact and circumstances of the case, looking to the detention period and trial is likely to take some time. Applicant has no criminal antecedent. I am inclined to allow this bail application. Accordingly, the application is allowed and the applicant is directed to be released on bail on furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when directed. The applicant shall comply with the following conditions :-
(i)that the applicant shall 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 ofcere
(ii)that the applicant shall not act in any manner which will be prejudicial to fair and expeditious triale
(iii)that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the triale
(iv)that applicant will not involve themselve in any ofence of similar nature.
7. It is made clear that the observations made here-in-above are only for the purpose of deciding the bail application and the trial court will decide the case on its own merit without being influenced by any observation made here-in-above. If any one of the above conditions is violated by applicant, the State will be at liberty to file application for cancellation of the bail granted to him.
Sd/-
(Sachin Singh Rajput) Judge Ashish