Mukesh Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 4924 Chatt

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                                                                     NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR

                          MCRC No. 4668 of 2022

      Mukesh Kumar Sahu S/o Shri Bharatlal Sahu, Aged About 27 Years,
       R/o Village- Chirchari Kurud, Police Station - Dongargaon, Tahsil-
       Chhuriya., District : Rajnandgaon, Chhattisgarh

                                                              ---- Applicant
                                  Versus
      State Of Chhattisgarh, Through Station House Officer, Police Station
       Dongargaon., District : Rajnandgaon, Chhattisgarh
                                                        ---- None-applicant


For Applicant           : Shri Abhishek Sharma, Advocate.
For Non-Applicant/State : Shri Avinash K. Mishra, Govt. Advocate.

             Hon'ble Shri Justice Rakesh Mohan Pandey
                           Order on Board
02-08-2022

Heard.

1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 29-04-2022 in connection with Crime No.182/2022 registered at Police Station Dongargaon, District Rajnandgaon (C.G.) for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2) The case of the prosecution is that, the applicant was found in possession of 1.5 Kg. Ganja. Consequently, the FIR was registered for offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.

3) Learned counsel for the applicant submits that the contraband seized is more than small quantity but less than commercial quantity, charge sheet has been filed, the applicant is in jail since 29-04-2022 and he is resident of State of Chhattisgarh. He further submits that the applicant is ready to abide by all the conditions imposed by this Court while granting bail. Therefore, the applicant may be released on bail by this Court.

4) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that there are criminal antecedents against the applicant.

5) Though, criminal antecedents are reported against the applicant by learned counsel for the State, but learned counsel for the applicant has filed copy of the judgments whereby the applicant was acquitted by learned trial Court in those cases.

6) Having heard learned counsel for the parties and considering the period of detention of the applicant so far and the facts that charge sheet has been filed in the case and at present only one case under Section 34(1)(a) of the C.G. Excise Act is pending against the applicant, though the quantity of the contraband seized is more than small quantity but it is lesser than commercial quantity, without commenting anything on merits of the case, I feel inclined to allow this application. Accordingly, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is allowed.

7) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety of Rs. 50,000/- to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :-

(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(iv) he shall not involve himself in any offence of similar nature in future.

Sd/-

(Rakesh Mohan Pandey) Judge Aadil