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Mahendra Kumar Patel vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 15 July 2022 · Citation: (2022) 07 CHH CK 0033

HON’BLE JUDGES
Deepak Kumar Tiwari, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotics Drugs and Psychotropic Substances Act, 1985 — Section 21B, 22C
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 5923 Of 2022
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Judgment

9 paragraphs · 369 words
1.

Heard.

2.

This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.103/2022 registered at Police Station Mandir Hasoud, District Raipur for the offence punishable under Sections 21-(B), 22-(C) of the Narcotics Drugs and Psychotropic Substances Act.

3.

The earlier application of the applicant was dismissed, as withdrawn vide order dated 12.5.2022 passed in MCRC No.3832 of 2022 with liberty to repeat the prayer after examination of the seizure witnesses.

4.

The case of the prosecution is that 5000 tablets of Nitrosum and 24.100 gm of Brown Sugar have been seized from the illicit possession of the applicant.

5.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the seizure witnesses have turned hostile and not supported the case of the prosecution. The applicant is in jail since 21.2.2022, therefore, learned counsel prays for releasing the applicant on regular bail.

6.

On the other hand, learned counsel for the State opposes the bail application. He submits that there are three criminal antecedents of the applicant, two related to the excise matter and one related to the IPC.

7.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case and also considering that the seizure witnesses have turned hostile and not supported the case of the prosecution and the pre-trial detention of the applicant, this Court is inclined to release him on bail.

8.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the trial Court. Along with the bail bonds, copies of the Aadhar Card and coloured Post Card full size photo shall also be submitted by the applicant as well as by the sureties, which shall be duly verified by the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

9.

Certified copy as per rules.