Sarvesh Kumar vs State Of Chhattisgarh

The applicant has preferred this frst bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with crime No. 123 of 2022 registered in Police Station G.R.P. Raipur, District Raipur, CG for offence punishable under Section 20BB of NDPS Act.

Case of the prosecution in brief is that on 10.10.2022 the police station G.R.P. Raipur has received information from the informant, acting upon the information the police has recovered 17 kg of contraband article Ganja from the possession of the present applicant thereafter crime has been registered and arrested the applicant.

Learned counsel for the applicant submits that applicants has not committed any offence and has been falsely implicated in the case. He further submits that there is no previous criminal antecedents registered against the present applicant, applicant is in jail since 11.10.2022, trial may take some time, therefore, he may be released on bail.

On the other hand counsel for the State opposes the bail application and submits that looking to the quantity of contraband seized, applicant is not entitled for grant of bail. He further submits that in the event of bail, local surety may be asked for and he may be restrained from leaving the State of Chhattisgarh without prior permission of the trial Court because he belongs to State of Uttar Pradesh for which counsel for the applicant does not object.

I have heard learned counsel for the parties and perused case diary.

Considering the facts and circumstances of the case, looking to the quantity of contraband article Ganja seized from possession of the present applicant, detention period of the applicant, trial will take some time. I am inclined to grant bail to the applicant.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when directed. The applicants shall comply the following conditions:-

i. that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police ofcere

ii. that the applicant shall not act in any manner which will be prejudicial to fair and expeditious triale

iii. that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the triale

iv. that applicant will not involve himself in any offence of similar nature.

It is made clear that the observations made here-in-above are 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 here-in-above. If any one of the above conditions is violated by applicant, the State will be at liberty to fle application for cancellation of the bail granted to him.