Rohit Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 4173 Chatt

Citation : 2022 Latest Caselaw 4173 Chatt
Judgement Date : 1 July, 2022

Chattisgarh High Court

Rohit Yadav vs State Of Chhattisgarh on 1 July, 2022

                                                                               NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR
                             M.Cr.C. No.5411 of 2022
Rohit Yadav S/o Bhimsen Yadav, Aged About 30 Years Caste Mahkul, R/o
Jamjhor, Chowki- Kotba, Police Station Bagbahar, District : Jashpur, Chhattisgarh

                                                                      ---- Applicant
                                       Versus
State Of Chhattisgarh Through Station House Officer, Police Station Bagbahar,
Outpost Kotba, District : Jashpur, Chhattisgarh          ---- Non-Applicant



For Applicant:                     Shri Ashish Guota, Advocate.
For Non-Applicant/State :          Smt Seema Dixit, PL.


                   Hon'ble Shri Justice Deepak Kumar Tiwari
                                  Order on Board
01.07.2022
1.

This is the 2nd bail application filed under Section 439 of the Code of

Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been

arrested in connection with Crime No.135/2021 registered at Police Station -

Bagbahar, Outpost Kotba, District - Jashpur, Chhattisgarh for the offence

punishable under Section 20(B) of the NDPS Act. Earlier application was

dismissed as withdrawn reserving the liberty to revive the same after examination

of the seizure witnesses.

2. Allegation against the present Applicant is that he was found in

illegal possession of 19.800 kgs of ganja.

3. Learned counsel for the Applicant submits that the Applicant has been

falsely implicated in the crime in question for which, he is in jail since 07.11.2021.

He further submits that other co-accused persons have already been enlarged on

bail by the Court below and one of the seizure witnesses had not supported the

case of the prosecution and turned hostile and another seizure witness namely

Ritesh Paikra has given up on 27.05.2022, a copy of his deposition has also been

annexed in support of the bail application, there is one previous criminal antecedent against the present Applicant in which, he has been acquitted by the

Special Judge, NDPS, Jashpur in Special Criminal Case No.101/2014 vide

judgment dated 10.09.2015, which has also been annexed herewith. He lastly

submits that conclusion of trial is likely to take quite some time, therefore, the

present Applicant may be released on bail.

4. On the other hand, learned counsel for the Non-Applicant/State opposes

the bail application.

5. Having heard learned counsel for the parties, having regard to the facts

and circumstances of the case, considering that one of the seizure witnesses had

not supported the case of the prosecution and turned hostile, further considering

the pre-trial detention, there is no likelihood of the Applicant tampering with the

prosecution evidence or absconding and conclusion of trial may take some time,

the application is allowed.

6. It is directed that in the event of the Applicant's executing a personal bond

for a sum of Rs 25,000/- with two sureties in the like sum to the satisfaction of the

concerned trial Court, he shall be released on bail on the following conditions:-

(a) 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.

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

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

(d) the Applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.