Ritesh Agrawal vs State Of Chhattisgarh

The applicant has preferred this third bail application under Section 439 of Criminal Procedure Code for grant of regular bail, as he has been

arrested in connection with Crime No.855/2020, registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under

Sections 21 & 22 of the NDPS Act.

The first bail application of the applicant was dismissed on merits vide order dated 13.01.2021 in MCRC No.7679/2020 and thereafter the second

bail application was also dismissed vide order dated 11.06.2021 in MCRC No.3148/2021.

The prosecution story, in brief, is that total 28 bottles of Onerex Cough Syrup containing 100 ml syrup in each bottle was recovered from the

possession of the applicant, thereby the applicant committed the offence.

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 the memorandum and seizure witnesses have not supported the case of prosecution before the Trial Court and the mandatory provisions of the

NDPS Act have also not been followed. He further submits that the applicant is in jail since 14.09.2020, charge sheet has been filed and there is no

likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

On the other hand, learned State counsel opposes the bail application.

I have heard learned counsel for the parties and perused the case diary.

Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the fact that the

memorandum and seizure witnesses have not supported the case of prosecution, detention period of applicant, charge sheet has been filed 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 third bail application is allowed. The applicant is directed to be released on bail on his executing a personal bond for a 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 Higher Court on each and

every date given to him by the said Court.