Vibash Yadav vs State Of Chhattisgarh
2023 Latest Caselaw 317 Chatt

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                                                                          NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                 MCRC No. 10421 of 2022

     • Vibash Yadav S/o Pramod Yadav Aged About 24 Years Profession Driver, R/
       O Kargil Chowk, Ward No. 19, Kasturba Nagar, Sindhi Colony, Police Station
       Civil Lines, Bilaspur, District Bilaspur, Chhattisgarh.

                                                                    ---- Applicant

                                      Versus

     • State Of Chhattisgarh Through Station House Officer, Police Station, Kota,
       District Bilaspur, Chhattisgarh.

                                                                 ---- Respondent

For Applicant              :      Shri Achyut Tiwari, Advocate
For State                  :      Ms. Shubha Shrivastava, Panel Lawyer


                    Hon'ble Shri Justice Sachin Singh Rajput

                                  Order On Board

16/01/2023

This is second bail application. First bail application was dismissed on merits.

1. The applicant has been arrested in connection with Crime No.214/2022 registered at police station - Kota, District - Bilaspur (CG) for alleged commission of offences under Section 20-B of the NDPS Act, 1985.

2. Case of prosecution, in brief, is that from the possession of the applicant and other co-accused, 47.500 kgs of ganja has been seized.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated. He submits that there is no criminal antecedent registered against the present applicant. He is in jail since 05/03/2022 and trial is likely to take sometime. He submits that seizure witnesses have been examined and they have not supported the case of the prosecution. It is also submitted that co-accused - Ashfak Ahmad and Sanjay Kumar Mishra have already been granted bail by this Court. He relies upon decision of Hon'ble the Supreme Court in the case of Sanjeet Kumar Singh @ Munna Kumar

Singh v. State of Chhattisgarh reported in 2022 SCC Online SC 1117. therefore, at this stage, the applicant may be granted bail.

4. On the other hand, learned State counsel opposes prayer and submits that from the joint possession of the applicant and other co-accused, 47.500 kg of ganja was seized. It is submitted that other witnesses are yet to be examined. Even assuming that seizure witnesses have not supported the prosecution case, conviction can be sustained on the basis of other witnesses including the Investigating Officer. Therefore, the application may be rejected.

5. Considering the facts and circumstances of the case, looking to the fact that the case of the prosecution basically rested upon the statements of two star witnesses and they have not supported the case of the prosecution and in view of judgment of the Supreme Court in the case of Sanjeet Kumar Singh (supra) and also that co-accused - Ashfak Ahmad and Sanjay Kumar Mishra have been granted bail by this Court, I am inclined to grant bail to the applicant.

6. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- along with one local surety for the like amount to the satisfaction of the trial Court on the condition that -

a) He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not make any attempt to tamper with the prosecution witnesses.

Certified copy as per rules.

Sd/-

(Sachin Singh Rajput ) Judge Deepti