Sonu Prajapati vs State Of Chhattisgarh
2022 Latest Caselaw 5986 Chatt

                                                                                                   NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                      MCRC No. 4945 of 2022

        Sonu Prajapati S/o Suraj Singh Aged About 27 Years R/o Behind
        Vidisha Gas Agency, Sherapar, P.S. Dehat Civil Line Vidisha District
        Vidisha (Madhya Pradesh)

                                                                                          ---- Applicant

                                                    Versus

        State Of Chhattisgarh Through Station House Officer, Police Station
        Pandri, District Raipur (C.G.)

                                                                                   ---- Non-applicant

                                               Along with

                                      MCRC No. 4956 of 2022

        Ajay Lodhi @ Krishna S/o Kunwar Singh Lodhi, At - Near Amol
        Dhaba, Harsha Vihar Colony, Banti Nagar, Vidhisha, P/s Dehat Civil
        Lines Vidhisha, District - Vidhisha, Madhya Pradesh.
                                                             ---- Applicant

                                                    Versus

       State Of Chhattisgarh Through Sho P/s Pandri, District : Raipur,
        Chhattisgar.

                                                                                   ---- Non-applicant

-------------------------------------------------------------------------------------------------------------

For Applicants Shri C.R. Sahu, Advocate (MCRC No. 4945/2022) and Shri Lukesh Kumar Mishra, Advocate (MCRC No. 4956/2022) For State Shri Ishan Verma, P.L.

Hon'ble Shri Justice Sachin Singh Rajput

Order on Board

23/09/2022

1. Since both applications are arising out of the same crime number, therefore, they are being disposed of by common order.

2. The applicants have preferred these first bail applications under Section 439 of Cr.P.C. as they have been arrested in connection with Crime No.152/2022 registered at Police Station Pandri, District Raipur (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'NDPS Act').

3. The case of the prosecution in brief is that on a secrete information received the Police apprehended accused Sonu Prajapati and Ajay Lodhi @ Krishna and holding bags in their hands containing the contraband 15.200 Kg and 13.900 Kg were seized respectively.

4. Learned counsel for the applicants submit that applicants have not committed any offence and have been falsely implicated in the case. Both of them further submits that there is no previous criminal antecedents registered against the present applicants, they are in jail since 30/04/2022, trial may take some time, therefore, they may be released on bail.

5. Counsel for the applicants relying upon the judgment of Hon'ble Supreme Court in the matter of Amarsingh Ramjibhai Barot v. State of Gujrat, 2005 (6) Supreme 323 wherein applicants were found together, but individually carrying the recovered substances, hence Section 29 of NDPS Act would not attracted.

6. On the other hand counsel for the State opposes the bail application and submits that looking to the quantity of contraband seized, applicants are not entitled for grant of bail. He further submits that in the event of bail, local surety may be asked for and he may be restrained from leaving the State of Chhattisgarh without prior permission of the trial Court because he belongs to State of Madhya Pradesh for which counsel for the applicants does not object.

7. I have heard learned counsel for the parties and perused the case diary.

8. Considering th facts and circumstances of the case, looking to th quantity of contraband seized, detention period and trial may take some time, I am inclined to allow these bail applications.

9. Accordingly, the bail applications filed by the applicants are allowed and it is directed that applicants shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) each with one local surety each for the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

10. It is made clear that the observation made hereinabove is only for the purposes of deciding the bail applications. The trial Court will decide the case on its own merits without being influenced by any observation made herein-above. It is also made clear that the applicants shall not leave the territory State of Chhattisgarh without the prior permission of the trial Court / Special Court.

11.It is also made clear that the State is at liberty to move an application regarding cancellation of bail of the applicants in the event of applicants' violating any of the above stated conditions.

Sd/-

Sachin Singh Rajput Judge

Kamde