Mohammad Arshad Khan vs State Of Chhattisgarh

Heard.

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.151/2022 registered at Police Station Saraipali, District Mahasamund (CG) for the offence punishable under Section 20(b) of the Narcotics Drugs and Psychotropic Substances Act.

The earlier application of the applicant was dismissed as withdrawn vide order dated 11.5.2022 passed in MCRC No.4241 of 2022 with liberty to file afresh after examination of the seizure witnesses.

The case of the prosecution is that 59 Kg of Ganja has been seized from the illicit possession of the applicant.

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 12.4.2022, therefore, learned counsel prays for releasing the applicant on regular bail.

On the other hand, learned counsel for the State opposes the bail application.

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.

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.25,000/- 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.

Certified copy as per rules.