Manoj Saluja v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8022 of 2017 Manoj Saluja S/o Shri Mahendra Pal Saluja Aged About 40 Years R/o Nirala Nagar, Bus Statnd, Thana City Kotwali, Tehsil And District Bilaspur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Bilaspur Civil And Revenue District Bilaspur Chhattisgarh ---- Respondent For applicant - Dr. N.K. Shukla, Sr. Advocate with Shri Vikram Singh, Advocate.

For Respondent/State -Shri Suryakant Mishra, PL. Hon'ble Shri Justice Goutam Bhaduri Order 15/12/2017 1.

This is third bail application under Section 439 of Cr.P.C. The first bail application was dismissed as withdrawn on 11/10/2017 vide M.Cr.C. No.5936/2017 and second bail application was dismissed on 2/11/2017 vide M.Cr.C. No.6864 of 2017.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.340/2017 registered in Police Station Station House Officer, Police Station Police Station City Kotwali, District Bilaspur Civil and Revenue District Bilaspur (C.G.) for offence punishable under section 22 (C) of NDPS Act, 1985. 3.

Case of the prosecution, in brief, is that the applicant was apprehended with Nitrosun 10 tablet 1000, Spasmoproxyvon Plus capsule 1440, Nitrosun 10 tablet 1200 and Spasmoproxyvon Plus capsule 1728 and Biorex X Syrup 100 ML 99 bottles.

4.

Learned counsel for the applicant submits that present bail application is only on the medical ground as the applicant is admitted in

Apollo Hospital, Bilaspur from 31/10/2017 for recurrent dizziness since 15 days prior to the admission. He submits that as different examination was carried out but ultimately he was advised to consult other neurologist for second opinion and therefore submits that the applicant who is in hospital may be enlarged on temporary bail for a limited period so that he may get himself examined in other centre.

5.

Learned State counsel do not dispute to the report of the Apollo Hospital.

6.

Considering the same, on the medical ground, I am inclined to release the applicant on bail for a period of 30 days. It is directed that the applicant shall be released on bail for a period of 30 days from the date of his release on his executing a personal bond for a sum Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court. He shall surrender before the trial court immediately after completion of 30 days. 7.

Accordingly, the third bail application is disposed of since temporary bail has been prayed for.

Sd/- (Goutam Bhaduri) JUDGE gouri