Amit Thakur vs State Of Chhattisgarh
2022 Latest Caselaw 5145 Chatt

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                                                                           NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR
                            MCRC No. 4163 of 2022
Balwant S/o Anar Singh Aged About 32 Years R/o Village Damoh, District
Damoh (Madhya Pradesh)
                                                                   ---- Applicant
                                                                          (In Jail)
                                  Versus
State of Chhattisgarh, through Station House Officer, Police Station Bodla,
District Kabirdham (C.G.)
                                                              ---- Non-applicant
                                     WITH
                            MCRC No. 4297 of 2022
Amit Thakur Son Of Indraraj Singh Thakur Aged About 23 Years R/o Sahavan,
Police Station Banda, District- Sagar (Madhya Pradesh)
                                                                   ---- Applicant
                                                                          (In Jail)
                                  Versus
State of Chhattisgarh, through Station House Officer, Police Station Bodla,
District Kabirdham (C.G.)
                                                              ---- Non-applicant


For Applicants          :     Mr. Rajeev Kumar Dubey, Advocate
For Non-applicant       :     Mr. Sandeep Dubey, Dy. A.G.


                    Hon'ble Shri Justice Sanjay K. Agrawal
                               Order On Board
12.08.2022

1.

Heard.

2. These two second/repeat bail applications filed under Section 439 of

Cr.P.C. for grant of bail on behalf of applicants- Balwant and Amit Thakur in

connection with Crime No.50 of 2020, registered at Police Station Bodla, District

Kabirdham (C.G.) for the offences punishable under Section 20(B) of the

Narcotic Durgs Psychotropic Substances Act, 1985.

3. The first bail application moved on behalf of applicants i.e. MCrC No.3144

of 2020 was dismissed as withdrawn with the libety to file afresh after

examination of material witnesses by order of this Court dated 28.09.2020.

4. Learned counsel for the applicant submits that the only changed

circumstance in the case is that witnesses, namely, Mukesh Maharaj, Brijlal

Yadav and Vishnu Vishwakarma have been examined by the learned trial Court

and they have not supported the case of the prosecution and the applicants are

in jail since 19.03.2020 i.e. almost two years, thus, they are entitled to be

enlarged on bail. He placed reliance on judgment of Supreme Court in the case

of Satender Kumar Antil vs. CBI and others, passed in SLP (Cr.) No.5191 of

2021, dated 11.07.2022

5. Learned State counsel opposed the bail applications. He submits that in

the instant case approximately 61 kg 'ganja' is said to have been recovered from

the possession of the accused persons, which is more than commercial quantity.

He further submits that though the learned trial Court has examined some

witnesses but the investigating officer and other material witnesses in the

present case are yet to be examined and, therefore, the present applications

deserves to be rejected.

6. After hearing learned counsel for the parties and considering the nature

and gravity of offence and the material on record and specially taking into

consideration the fact that in the instant case official witnesses are yet to

examined by the learned trial Court and that 61 kg 'ganja' is recovered, which is

more than commercial quantity and in view of provision contained in Section 37-

B of the NDPS Act, I do not find it a fit case for entertaining this 2 nd bail

applications filed on behalf of the applicants- Balwant and Amit Thakur

respectively and same are liable to be rejected.

7. Accordingly, these applications are rejected.

Sd/-Sd/-

(Sanjay K. Agrawal) Judge [email protected]