Nageshwar Rao vs State Of Chhattisgarh
2022 Latest Caselaw 3786 Chatt

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                                                                                   NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR
                              MCRC No. 4251 of 2022
     • Nageshwar Rao S/o Late Appa Rao Aged About 49 Years
       Occupation- Kirana Business, Resident Of Ward No. 3, Sevta
       Para, Dongargaon, Police Station And Tahsil- Dongargaon,
       District : Rajnandgaon, Chhattisgarh
                                                                            ---- Applicant
                                          Versus
     • State Of Chhattisgarh Through- Station House Officer, Police
       Station- Dongargaon, District : Rajnandgaon, Chhattisgarh
                                                                        ---- Respondent
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For Applicant : Shri Shaleen Singh Baghel, Advocate For Respondent/State : Shri Praveen Shrivastava, Panel Lawyer

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board 15.6.2022.

1. This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 26.3.2022 in connection with Crime No.125/2022 registered at Police Station Dongargaon Distt. Rajnandgaon (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act').

2. Prosecution story, in brief, is that the applicant was found illegal possession of 7.500 kg of cannabis (ganja). Based on the above fact, the applicant arrested on 26.3.2022.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. Seizure memo is fabricated and no seizure has been made from the conscious possession of the applicant. He further submits that earlier two cases of similar offence had been registered against the applicant, wherein, he has been acquitted by the Special Judge and certified copy of the judgments in this regard have been filed. He further submits that the applicant is in custody since 26.3.2022, charge sheet has been filed and conclusion of the trial is likely to take considerable time, hence, he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application. He further submits that though the applicant has been acquitted from earlier two cases, but facts show his conduct that despite getting acquittal, he has not changed his behaviour towards narcotic offence, hence, his bail application is liable to be dismissed.

5. Considered the submission of learned counsel for the parties, perused the case diary and the material available on record.

6. Considering the facts and circumstances of the case, quantity of contraband substance seized from the applicant, his detention period and also considering the fact that charge sheet has already been filed and in earlier two cases he has been acquitted, I am of the opinion that this is a fit case to grant bail to the applicant. Therefore, the application filed under Section 439 of the CrPC is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said court, he be released on bail.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi) JUDGE Bini