Chattisgarh High Court
Chand Pasa Usman Shekh vs State Of Chhattisgarh on 6 December, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8125 of 2022
1. Chand Pasa Usman Shekh S/o Shri Usman Shekh Aged About 23 Years R/o
Navjeevan Garib Nawaj Chowk Vasai, Police Station Baliv, District Palghar,
Maharashtra.
2. Ankit Jaiswal Nemchand Jaiswal Aged About 21 Years R/o - Gouraiyapada,
Nalasopada, Post And P.S. Tulinj, District - Palghar Maharashtra
---- Applicants
Versus
• State Of Chhattisgarh Through - Station House Officer, Police Station
Nagarnar, District Bastar, Chhattisgarh.
---- Respondent
For Applicant : Shri Vinod Tekam, Advocate
For State : Shri Amit Verma, Panel Lawyer
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board
06/12/2022
Heard.
1. The applicants have been arrested in connection with Crime No.25/2022
registered at Police Station - Nagarnar, District - Bastar (C.G.) for alleged
commission of offences under Section 20 (b) (ii) (c) of NDPS Act.
2. Prosecution case is that 70 kgs of ganja was recovered from the
possession of the applicants.
3. At the outset, learned counsel for the applicants seeks withdrawal of
application of applicant No.1 - Chand Pasa Usman Shekh.
4. The application of applicant No.1 - Chand Pasa Usman Shekh is
dismissed as withdrawn.
5. Learned counsel for the applicant No.2 - Ankit Jaiswal submits that no
seizure was effected from the possession of applicant No.2. He is in jail since
04/02/2022 and trial is likely to take some time. He further submits that the
case of the prosecution basically rested upon two seizure witnesses who
happens to the witnesses of entire investigations have been examined and
have not supported the case of the prosecution. He relies upon the judgment
of Sanjeet Kumar Singh @ Munna Kumar Singh Vs. State of Chhattisgarh
reported in 2022 SCC Online SC 1117. Therefore, applicant No.2 may be
granted bail.
6. On the other hand, learned State counsel opposes prayer and submits
that looking to the quantity of contraband, the application may be rejected.
7. I have heard learned counsel for the parties and perused the case diary.
8. Considering the evidence collected, facts and circumstances of the case,
prima facie, the seizure witnesses have not supported the case of the
prosecution, relying upon the judgment of Supreme Court in Sanjeet Kumar
Singh @ Munna Kumar Singh Vs. State of Chhattisgarh reported in 2022
SCC Online SC 1117 and detention period of the applicant, I am inclined to
grant bail to the applicant.
9. Accordingly, the application of applicant No.2- Ankit Jaiswal is allowed.
It is directed that applicant No.2 - Ankit Jaiswal shall be released on bail on
his furnishing a personal bond in the sum of Rs.50,000/- along with one surety
for the like amount to the satisfaction of the trial Court on the condition that -
a) He shall appear before the trial Court regularly on each and every date,
unless exempted from appearance.
b) He shall not make any attempt to tamper with the prosecution
witnesses.
It is made clear that if the applicant is found indulged in offence of similar
nature, the State is at liberty to apply for cancellation of bail.
This Court has not expressed any opinion on the merits of the case.
Certified copy as per rules.
Sd/-
(Sachin Singh Rajput )
Judge
Deepti
