Chattisgarh High Court
Dhruv Singh vs State Of Chhattisgarh on 17 January, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 10510 of 2022
Dhruv Singh S/o Munshilal Aged About 30 Years R/o Ward No. 47, Maharaja
Road, Behind Bijli Ghar, Johrakhurd, Police Station Civil Line, District :
Morena, Madhya Pradesh
---- Applicant
Versus
State Of Chhattisgarh Through- Station House Officer, Police Of Police
Station Rudri,, District : Dhamtari, Chhattisgarh
---- Non-Applicant
For the Applicant : Mr. Anil Gulati, Advocate
For Non-Applicant : Ms. Richa Shukla, Dy. G. A.
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board
17.01.2023
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 28.02.2022 in
connection with Crime No.26/2022 registered at Police Station- Rudri,
District- Dhamtari (C.G.) for the offence punishable under Section
20(B) of the NDPS Act. Earlier his first bail application was dismissed
as withdrawn passed in MCRC No.3638 of 2022 vide order dated
10.10.2022.
2. The case of prosecution in brief, is that on 28.02.2022 on the basis of
secret information police has seized 87 kg of contraband Ganja from
the possession of preset applicant. 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. It
is further submitted that the seizure witnesses have not supported the
case of the prosecution and have declared hostile and the applicant is
in jail since 28.02.2022, trial is not concluded as yet, charge-sheet has
been filed, therefore, he may be released on bail. He further relied
upon the judgment of Hon'ble the Supreme Court in the case of
Sanjeet Kumar Singh @ Munna Kumar Singh Vs. State of
Chhattisgarh1.
1 2022 SCC Online SC 1117
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, his bail application may be
rejected. In the event of bail, local surety may be asked for because
he belongs to Morena (M.P.) for which counsel for the 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, charge-sheet
has been filed 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. It is also clear that applicant 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
