Chattisgarh High Court
Balram Dora vs State Of Chhattisgarh on 13 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 51 of 2023
Balram Dora S/o Bhaskar Aged About 34 Years Occupation - Farmer, R/o
Village Gokaranpur, Police Station - Digapohadi, District Ganjam (Odisha)
---- Applicant
Versus
State Of Chhattisgarh Through - Station House Officer, Police Station -
Kharora, District - Raipur, Chhattisgarh
---- Non-Applicant
For the Applicant : Mr. Vikash Pradhan, Advocate
For Non-Applicant : Ms. Usha Chandrakar, P. L.
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board
13.02.2023
1.
The applicant has preferred the second bail application under Section 439 of
CrPC for grant of regular bail as he is in jail since 03.08.2021 in connection
with Crime No.321/2021 registered at Police Station-Kharora District- Raipur
(C.G.) for the offence punishable under Section 20(b)ii(c) of the NDPS Act.
Earlier his first bail application was dismissed as not pressed in MCRC
No.6760 of 2021 vide order dated 24.09.2021.
2. The case of prosecution in brief, is that on the basis of secret information
police has seized 73 kg of contraband (Ganja) from the possession of
present applicant and other co-accused. Therefore, FIR has been lodged.
3. Learned counsel for the applicant submits that the applicant has not
committed any offence and has been falsely implicated in this case. He
further submits that the seizure witnesses have been examined and they
have not supported the case of the prosecution and there is no antecedent
of applicant, he is in jail since 03.08.2021, trial is not concluded as yet,
therefore, he may be released on bail. He further submits that other co-
accused have already been granted bail by this Court in MCRC No.248 of
2022 vide order dated 28.06.2022 and in MCRC No.6815 of 2022 vide order
dated 22.09.2022. He also relied upon the judgment of Hon'ble the Supreme
Court in the case of Sanjeet Kumar Singh @ Munna Kumar Singh Vs.
State of Chhattisgarh1.
4. On the other hand, learned counsel for the State opposes the bail
application and submits that looking to the allegations against the present
applicant and quantity so seized is in the commercial quantity, therefore, his
bail application may be rejected. In the event of bail, local surety may be
asked for because he belongs to State Odisha, for which counsel for the
1 2022 SCC Online SC 1117
applicant does not object.
5. I have heard learned counsel for the parties and considered their rival
submissions.
6. Considering the totality of the facts and circumstances of the case, looking
to the detention period, trial may take some time, other co-accused have
already been granted bail by this Court and seizure witnesses have not
supported the case of prosecution and also in view of Judgment of Hon'ble
Supreme Court in the case of Sanjeet Kumar Singh @ Munna Kumar
Singh (Supra), I am inclined to allow this bail application.
7. Accordingly, the bail application filed by applicant is allowed and it is
directed that applicant shall be released on bail on furnishing a personal
bond in the sum of Rs.50,000/- with one local surety for the like amount to
the satisfaction of the concerned trial Court. He shall appear before the trial
Court on each and every date given by the said trial Court, till disposal of the
trial.
8. It is made clear that the observations made hereinabove is only for the
purpose of deciding the bail application and the trial Court will decide the
case on its own merit without being influenced by any observation made
hereinabove. It is also made clear that the State is at liberty to move an
application regarding cancellation of bail of the applicant in the event of
applicant involving himself in similar offence in future and violate if any of
the conditions. He shall not leave the State of Chhattisgarh without prior
permission of the trial Court.
9. Certified copy as per rules.
Sd/-
(Sachin Singh Rajput)
Judge
parul
