Allowed

Shobhnath Toppo @ Bablu v. State of Chhattisgarh

Chhattisgarh HC3 Mar 2022CRA/241/2022

Case brief

AI extract

What is this about?

The Criminal Appeal against an order dismissing a regular bail application under the NIA Act was allowed. Considering the delay in trial, the fraud charges, and bail granted to a co-accous by a co-ordinate bench, the court directed the appellant's release on a personal and local surety bond.

What did the court decide?

The appellant was to be released on bail on furnishing a personal bond of Rs. 25,000/- along with a local surety of like amount.

Shobhnath Toppo @ Bablu Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRA No. 241 of 2022

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Shobhnath Toppo @ Bablu, S/o Tejram Toppo @ Tejaram, Aged about 27 years, R/o Ward No. 15, Tanki Dafai, Manendragarh, ThanaManendragarh, (wrongly mention Mahendragarh in the impugned order), District Koriya, Chhattisgarh.

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---- Appellant

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Versus

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State of Chhattisgarh, through- Police Station- Jhagrakhand, District Koriya, Chhattisgarh.

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---- Respondent

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For Appellant : Mr. Hemant Kumar Agrawal, Advocate. For Respondent : Ms. Madhunisha Singh, Dy. Advocate General.

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DB : Hon'ble Shri Justice Rajendra Chandra Singh Samant

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Hon’ble Shri Justice Arvind Singh Chandel

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Order on Board

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03/03/2022

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This criminal appeal has been preferred against the impugned order dated 05.01.2022 filed by the Special Court under NIA Act dismissing the application filed by the appellant for grant of regular bail.

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The appellant had earlier filed CRA No. 947 of 2020 which was dismissed as withdrawn on 16.03.2021.

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Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case. Co-accused of this case namely Raju Kashyap @ Ranjeet has been granted bail by the co-ordinate Bench of this Court vide order dated 24.11.2020 in CRA No. 564 of 2020. The case of the appellant is also similar. It is also stated that the appellant is in jail since 07.12.2019. Although the charge-sheet has been filed but the charges have not been framed against the appellant till today. Hence, looking to the delay in the trial

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also the appellant is entitled for grant of bail, this appeal may be allowed and the appellant may be released on bail, as prayed.

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Learned State counsel opposes the appeal and also submits that according to the evidence present counterfeit currency notes of Rs. 10,000/- were seized from the possession of the appellant, therefore, he is not entitled for grant of bail.

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Heard and perused the documents available on record.

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According to the prosecution case, fake currency notes of purported value Rs. 10,000/- have been seized from the possession of the appellant on the basis of memorandum statements given by him. As the offences are scheduled offences under the NIA Act, therefore, the case is before the Special Court constituted under NIA Act.

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Considering on the submissions, taking into consideration this fact that in the similar case co-accused has been granted bail by co-ordinate Bench of this Court and also that there is delay in commencement of trial itself, considering the aforesaid circumstances, we consider that it is a fit case for grant of bail to the appellant. Accoringly, this appeal is allowed .

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The appellant shall be released on bail on his furnishing a personal bond of Rs. 25,000/- along with a local surety of the like amount to the satisfaction of the trial Court, for his appearance before the concerned trial Court on each and every date as may be directed, unless exempted from appearance.

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Certified copy as per rules.

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Sd/Sd/(Rajendra Chandra Singh Samant) (Arvind Singh Chandel) Judge Judge

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Vasant

Shobhnath Toppo @ Bablu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shobhnath Toppo @ Bablu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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