Dharampal vs State Of Chhattisgarh
2022 Latest Caselaw 685 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR


                            MCRC No. 7560 of 2021
      Dharampal, S/o Late Ramjeet Singh Gond, Aged about 40 years,
       Occupation- Cultivator, Caste Gond, R/o Village Khunshi, Police Station-
       Chandaura, District Surajpur, Chhattisgarh.
                                                                     ---- Applicant
                                     Versus
      State of Chhattisgarh, through- S.H.O., Police Station- Pratappur, District
       Surajpur Chhattisgarh, (P.S. wrongly mentioned as Chandaura), District-
       Surajpur, Chhattisgarh.
                                                                 ---- Respondent

For applicant : Mr. Ashok Shukla, Advocate. For Respondent/State : Ms. Hamida Siddiqui, Dy. A.G.

Proceedings of this matter have been taken-up through video conferencing Hon'ble Shri Justice Goutam Bhaduri Order 09/02/2022

1. This is the first bail application filed under Section 439 of the Code of

Criminal Procedure for grant of regular bail to the applicant who has

been arrested on 01.08.2021 in connection with Crime No. 167/2021

registered at Police Station- Pratappur, District- Surajpur (C.G.) for

offence punishable under Section 21(C) of the N.D.P.S. Act.

2. As per prosecution case, on a raid being conducted on 01.08.2021

21 bottles of Cough Syrup containing Nicotine were recovered.

3. Learned counsel for the applicant placed reliance on the judgment

passed by the Delhi High Court in the case of Iqbal Singh Vs. State

(Bail Application No. 645/2020) and further submits that charge-sheet

has been filed and no further investigation is required, therefore, the

applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Having considered the facts of the case and further considering that the

charge-sheet has been filed and further investigation is necessary and

taking into quantity, prima facie taking into the dictum laid down by the

Delhi High Court supra, I am inclined to release the applicant on bail.

6. Accordingly, the appeal is allowed and the applicant is directed to be

released on bail on his furnishing personal bond for a sum of Rs.25,000/-

with one surety in the like sum to the satisfaction of concerned trial court

for his regular appearance before it as and when directed.

Sd/-

(Goutam Bhaduri)

JUDGE

vasant