Divyadeep Singh vs State Of Chhattisgarh

This is the Third Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 18.08.2021 in connection with Crime No. 368/2021 registered at Police Station Surajpur, District Surajpur C.G. for the offence punishable under Section 21(C) of C.G. N.D.P.S. Act.

As per the prosecution case, on a raid being conducted on 18.08.2021 from the possession of the application 200 pieces of resko Jasic injection 2ml and 100 pieces of evil injection 100ml was seized.

Learned counsel for the applicant submits that this is the third bail application. The first bail application was dismissed as withdrawn on 25.01.2022 with liberty to file afresh after examination of the seizure witnesses. Subsequently, the second bail application was dismissed as withdrawn on 10.12.2021 with liberty to file afresh after filing of the charge-sheet. He further submits that the seizure witnesses have been examined namely Nandkeshwar Sahu (PW-1) and Ganesh Gupta (PW-2) have not supported the case of the prosecution, therefore, the applicant may be released on bail.

Per contra, learned State counsel opposes the prayer for grant of bail, however, cannot dispute the fact that the prosecution witnesses have not supported the case of the prosecution.

Heard learned counsel for the parties.

Considering the fact, that the prosecution witnesses have not supported the case of the prosecution and without further observation on the merits of the case, I am inclined to release the applicant on bail.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.