Chandan Kumar Gupta vs State Of Jharkhand

Learned counsel for the petitioner has given an undertaking to comply the previous order with regard to removal of the defect(s). Heard, learned

counsel for the petitioner, Mr. Gaurav, and learned counsel for the State, Mr. Ravi Prakash.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Murhu P.S. Case No.47 of

2020, corresponding to N.D.P.S. Case No.24 of 2020, for the offence registered under Sections 8/15/25 N.D.P.S. Act.

Learned counsel for the petitioner has submitted that in pursuance of the order dated 14.09.2020, counter-affidavit has already been filed by the State.

Learned counsel for the petitioner has further submitted that petitioner is owner-cum-driver of the tempo bearing Registration No.JH01AN -7496 in

which passenger, Anup Sao was travelling along with a packet containing some Narcotic and Psychotropic substances and the Police has seized the

material and arrested Anup Sao as well as this petitioner. As per FSL report, the seized material has been found to be morphine.

Learned counsel for the petitioner has further submitted that petitioner has got no concern with said Anup Sao nor is related with him nor he has any

knowledge that Anup Sao is carrying any prohibited material rather without any material the Police instead of making this petitioner as prosecution

witness has arrested him on the basis of alleged confessional statement of the petitioner which has no legal sanctity under the law.

Learned counsel for the petitioner has further submitted that the petitioner has no criminal antecedent and he is in custody since 17.05.2020, as such,

he may be enlarged on bail.

Learned counsel for the State has opposed the prayer for bail and has submitted that the petitioner has also confessed his guilt and said Anup Sao was

arrested along with prohibited material on the tempo which belongs to the petitioner and the petitioner is owner of the said tempo, as such, petitioner

may not be enlarged on bail.

Learned counsel for the State has further submitted that prayer for bail of co-accused, Anup Sao @ Anup Kumar has already been rejected vide

order dated 19.08.2020 passed by Co-ordinate Bench of this Court in B.A. No.5284 of 2020 as he was arrested along with Narcotic material which

was found to be morphine during FSL examination.

After hearing, learned counsel for the parties and perusing the materials brought on record and looking to the facts and circumstances of the case and

considering that petitioner is owner-cum-driver of the tempo bearing Registration No.JH01AN -7496 and he has no criminal antecedent and Police has

not collected any material with regard to his association in such type of illegal activities and apart from that it is not alleged by the prosecution that

petitioner is relative or known to said Anup Sao , this Court is inclined to grant Bail to the petitioner. Accordingly, petitioner (Chandan Kumar Gupta),

is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

satisfaction of learned (I/C) Special Judge (NDPS), Khunti in connection with Murhu P.S. Case No.47 of 2020, corresponding to N.D.P.S. Case

No.24 of 2020 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Sandeep Kumar, S/o Late Chhedi Sahu, R/o Village- Murma, P.O.-

Murma, P.S.- Mandar, District- Ranchi (Jharkhand), who has furnished photocopy of his UID Card bearing No.7262 4878 9222 before this Court in

the bail application.

Office is directed to send photo copy of the UID Card bearing No. 7262 4878 9222 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be mother/father/brother/sister/son.

(iii) Petitioner shall appear on each and every date before the learned trial court till conclusion of the trial.

(iv) If the prosecution is able to bring any material before this Court so as to connect petitioner with co-accused, Anup Sao or having knowledge of

carrying said material except the confessional statement, the State is at liberty to file an application for cancellation of bail of the petitioner.

(v)The Jail Authority shall release the petitioner only after his medical check- up.

(vi) The Civil Surgeon, Khunti is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vii) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.