Vishnu vs State Of Chhattisgarh
2023 Latest Caselaw 1055 Chatt

                                                                     NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

                           MCRC No. 887 of 2023

      Vishnu S/o Bhuri Singh, Aged About 28 Years R/o - Village -
      Badhouta, Police Station - Brindavan, Tahsil And District - Mathura,
      U.P.
                                                               ----Applicant
                                  Versus
     State Of Chhattisgarh Through - S.H.O. - Chilfi, District - Kabirdham,
     Chhattisgarh.
                                                          ----Non-applicant

For Applicant     Shri Hemant Gupta, Advocate.
For State         Ms. Binu Sharma, P.L.

                Hon'ble Shri Justice Sachin Singh Rajput

                            Order on Board

17/02/2023

   1. The applicant has preferred this Second Bail application under
      Section 439 of Cr.P.C. as he has been arrested in connection with
      Crime No.06/2022 registered at Police Station Chilfi, District
      Kabirdham, (C.G.) for the offence punishable under Section 20 (B) of
      NDPS Act.

   2. Earlier bail application was dismissed for non-prosecution vide order
      dated 22/09/2022 in MCRC No. 3707 of 2022.

   3. The case of the prosecution, in brief, is that on the basis of
      information received from informant, the accused was arrested by the
      Police with contraband Ganja, near Chilfi.

   4. Learned counsel for the applicant submits that from the possession of
      applicant alleged 50.720 Cannabis recovered. He placed reliance
      upon the judgment of Hon'ble Supreme Court in the case of Sanjeet
      Kumar Singh @ Munna Kumar Singh Vs. State of Chhattisgarh
      reported in 2022 SCC Online SC 1117, the applicant is in jail since
      11/02/2022, seizure witnesses have been turned hostile, therefore,
      he may be granted bail.

   5. Per contra, learned counsel for the respondent/State opposes the bail

application. Looking to the quantity of contraband, application may be rejected.

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

7. Having regard to the facts situation of the case, looking to the detention period, trial is likely to take sometime to conclude the trial, seizure witnesses have turned hostile, without commenting anything on merits of the case, the application is allowed.

8. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.1,00,000/- with one local surety to the satisfaction of the concerned trial Court with Adhar card and address proof of the applicant, he shall be released on bail, on following conditions :-

(i) 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,

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

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

9. It is made clear that these observations are 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 complainant or State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant violating any of the above stated conditions.

Sd/-

Sachin Singh Rajput Judge

Kamde