Chattisgarh High Court
Ajay Kushwaha vs State Of Chhattisgarh on 6 December, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8512 of 2022
Ajay Kushwaha S/o Late Gulab Kushwaha Aged About 40 Years R/o Gudari
Chowk, Malhotra Gali, Ambikapur, District : Surguja (Ambikapur),
Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through S. H. O., Police Station Gandhinagar,
District : Surguja (Ambikapur), Chhattisgarh
---- Non-Applicant
For the Applicant : Mr. Sanjay Pathak, Advocate
For Non-Applicant : Mr. Shivnath Shrivas, P. L.
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board
06.12.2022
1.
The applicant has preferred the second bail application under Section
439 of CrPC for grant of regular bail as he is in jail since 19.12.2021 in
connection with Crime No.706/2021 registered at Police Station-
Gandhinagar, District- Surguja (C.G.) for the offence punishable under
Section 22(C) of the NDPS Act. Earlier his first bail application was
dismissed as withdrawn passed in MCRC No.3626 of 2022 vide order
dated 25.07.2022.
2. The case of prosecution in brief, is that on the basis of secret
information police has seized total 22 pieces Lupigesic Buprenorphine
Injection I.P. containing 2 ml each total 44 ml from the possession of
preset applicant. Therefore, FIR has been lodged.
3. Learned counsel for the applicant submits that the applicant has not
committed any offence and has been falsely implicated in this case.
He further submits that the co-accused have already been granted bail
by Co-ordinate Bench in MCRC No.6673 of 2022 vide order dated
22.09.2022 and in MCRC No.7075 of 2022 vide order dated
26.09.2022. It is further submitted that the seizure witnesses have not
supported the case of the prosecution and have declared hostile and
the applicant is in jail since 19.12.2021, trial is not concluded as yet,
charge-sheet has been filed, therefore, he may be released on bail.
He further relied upon the judgment of Hon'ble the Supreme Court in
the case of Sanjeet Kumar Singh @ Munna Kumar Singh Vs. State
of Chhattisgarh1.
4. On the other hand, learned counsel for the State opposes the bail
application and submits that looking to the allegations against the
present applicant and quantity so seized is in the commercial quantity,
therefore, his bail application may be rejected.
5. I have heard learned counsel for the parties and considered their rival
submissions.
6. Considering the totality of the facts and circumstances of the case,
looking to the detention period, trial may take some time, charge-sheet
has been filed and seizure witnesses have not supported the case of
prosecution and also in view of Judgment of Hon'ble Supreme Court
in the case of Sanjeet Kumar Singh @ Munna Kumar Singh
(Supra), I am inclined to allow this bail application.
7. Accordingly, the bail application filed by applicant is allowed and it is
directed that applicant shall be released on bail on furnishing a
personal bond in the sum of Rs.50,000/- with one solvent surety for
the like amount to the satisfaction of the concerned trial Court. He
shall appear before the trial Court on each and every date given by
the said trial Court, till disposal of the trial.
8. It is made clear that the observations made hereinabove is only for the
purpose of deciding the bail application and the trial Court will decide
the case on its own merit without being influenced by any observation
made hereinabove. It is also made clear that the State is at liberty to
move an application regarding cancellation of bail of the applicant in
the event of applicant involving himself in similar offence in future and
violate if any of the conditions.
9. Certified copy as per rules.
Sd/-
(Sachin Singh Rajput)
Judge
parul
1 2022 SCC Online SC 1117
