Tapas Devashish Biswal vs State Of Chhattisgarh
2022 Latest Caselaw 5987 Chatt

                                                                    NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR
                           MCRC No. 5461 of 2022
    1. Tapas Devashish Biswal S/o Mans Biswal Aged About 32 Years
       R/o Kailash Nagar, Len No. 07, Simliguda, Police Station -
       Simliguda, District (Revenue And Civil) - Korapur, District :
       Koraput, Orissa
    2. Rupesh Kumar Sarkar S/o Rashikchandra Sarkar Aged About 28
       Years R/o Ward No. 08, Kodobhata Raighar, P.S.- Raighar,
       District (Revenue And Civil)- Nawrangpur, District :
       Nabarangapur *, Orissa
                                                 ---- Applicants
                                 Versus
        State Of Chhattisgarh Through Police Station - Simga, District
        (Revenue And Civil) - Balodabazar-Bhatapara, District :
        Balodabazar-Bhathapara, Chhattisgarh .
                                                           ---- Respondent

For the Applicant/s :- Shri Manish Kumar Sinha, Advocate For the State :- Ms. Richa Shukla, Dy. G.A.

_____________________________________________________

Hon'ble Shri Justice Sachin Singh Rajput,

Order on Board 23.09.2022

1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. as they have been arrested in connection with Crime No.250/2022 registered at Police Station Simga, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 20 (B) of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'NDPS Act').

2. The case of the prosecution in brief is that on 09.06.2022 the Police Station Simga received information from the informant that three persons kept and transporting the contraband (Ganja). On the basis of information the Police made a raid and seized separately from the applicant Tapas Devashish Biswal 10Kg., Rupesh Kumar Sarkar 10 Kg and another accused Manoj Kumar Choudhary 12 Kg.

3. Learned counsel for the applicants submit that applicants have not committed any offence and have been falsely implicated in the case. He further submits that there is no previous criminal antecedents registered against the present applicants, applicants are in jail since 09/06/2022, trial may take some time, therefore, they may be released on bail.

4. 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.

5. 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. She further submits that in the event of bail, local surety may be asked for and they may be restrained from leaving the State of Chhattisgarh without prior permission of the trial Court because they belongs to State of Odisha for which counsel for the applicants does not object.

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

7. Considering the 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 application.

8. Accordingly, the bail application 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.50,000/- (Rs. Fifty thousand 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.

9. It is made clear that the observation made hereinabove is only for the purposes of deciding the bail application. 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.

10. 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