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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 8610 of 2020

• Sohel Ali, S/o Late Samir Hussain, Aged About 23 Years, R/o Irani

Dera Police Station Vidhan Sabha Raipur District Raipur

Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through SHO Sarswati Nagar Raipur

District- Raipur Chhattisgarh.

---- Respondent

With

MCRC No. 9347 of 2020

• Sanjay Choudhary, S/o Mahesh Choudhary, Aged About 20 Years,

R/o Opposite Kaali Mandir, Raja Talab, Ward No. 33, P.S.- Civil

Lines, Distt. Raipur (Chhattisgarh).

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P.S.-

Saraswati Nagar, Distt. Raipur (Chhattisgarh).

---- Respondent

For Applicants

: Mr. Dheerendra Pandey, Adv.

In MCRC No. 8610/2020 &

Mr. Devershi Thakur, Adv.

In MCRC No. 9347/2020

For Respondent/State

: Mr. Udhaw Sharma, G.A.

Hon'ble Smt. Justice Rajani Dubey

Order on Board

23.03.2021

1. As both MCRCs arise out of same crime number, they are being

heard and disposed of by this common order.

2. The accused/applicants have moved this first bail application

under Section 439 of Criminal Procedure Code for releasing them

on regular bail during trial in connection with Crime No. 168/2020

registered at Police Station- Saraswati Nagar Raipur, District-

Raipur, (C.G.) for the offence punishable under Section 21 of the

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N.D.P.S. Act.

3. The prosecution story, in brief is that, on 17.11.2020, on the basis

of secret information, police personnel have seized total 1300 ml of

13 bottle onrex cough syrup, 4 strip of nitrogen-10 tablet total 40

nag from the possession of the applicants. Thereafter, offence has

been registered against the present applicants.

4. Learned counsel for the applicants submits that the applicants are

innocent and have been falsely implicated in the crime in question.

The applicant namely Sohel Ali is suffering from AIDS/HIV. He next

added that the charge-sheet has already been filed and the

applicants are in jail since 17.11.2020, there is no likelihood of their

case being decided in near future, therefore, the present applicants

may be released on bail.

5. On the other hand, counsel for the State opposes the bail

application submitting that the quantity of seized article is more

than the commercial quantity, therefore, no case is made out to

release them on bail.

6. I have heard learned counsel for the parties and perused the

record.

7. Taking into consideration the nature and gravity of the offence, facts

and circumstances of the case, and further considering the medical

documents of the applicant namely Sohel Ali and the applicants are

in jail since 17.11.2020 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 applicants on bail. Accordingly, the application is

allowed.

8. Accused/applicants are directed to be released on bail on their

executing a personal bond in the sum of Rs. 50,000/- each with one

local surety in the like sum to the satisfaction of the trial Court. They

are directed to appear before the trial Court on each and every date

given to them by the said Court.

Sd/-

(Rajani Dubey)

Judge

Ruchi