RAJNISH JONA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.04/2023 registered at Police Station-Bodhghat, District-Bastar, for the offence punishable under Ss. 21 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Case of the prosecution, in brief, is that on 6/1/2023 the police of Police Station Bodhghat has received a secret information regarding some person carrying contraband, on such information the police arrived at the spot and arrested the present applicant and seized Nrx Dicyclomine HCL Tramadol with Acetaminophen Capsules, SPASSPOKRAN capsules 90 Strips containing total 720 capsules and Rx Chlorpheniramine Maleate & Codiene Phosphate Syrup, Rexon Cough Syrup 6 bottles of 100 ml. each and 122 pieces of IUPRINE BUPRENORPHINE INJECTION IP 2 ML. each from joint possession.

(3.) It has been argued by the learned counsel for the applicant that contraband article which was seized from the present applicant and co-accused-Rinku Naidu was on joint possession and Rinku Naidu has been granted bail by a co-ordinate Bench of this Court on 5/5/2023 in MCRC No.2257 of 2023 and case of the present applicant is similar to that of co-accused Rinku Naidu. As such, on the ground of parity, the applicant is also entitled to be released on regular bail. He would further submit the applicant has no previous criminal antecedent, he is in jail since 6/1/2023 and conclusion of the trial Court is likely to take some more time.