Allowed

Ravi Kumar Harijan v. State of Chhattisgarh

Chhattisgarh HC2 Aug 2022MCRC/1739/2022

Case brief

AI extract

What is this about?

This order grants regular bail to the applicant in an NDPS case involving cannabis possession. The High Court allowed the bail application citing parity with a co-accused already released and acknowledged the lengthy detention period, directing release on a personal bond with local surety.

What did the court decide?

Release on bail with a personal bond of Rs. 25,000 and one solvent local surety of the like amount.

Ravi Kumar Harijan 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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MCRC No. 1739 of 2022

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Ravi Kumar Harijan S/o Shri Mansingh Harijan Aged About 23 Years R/o Sakin Kudak Jagir, Police Station Tarwadi, District Karnal, Haryana

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, P.S. Bodla, District Kabirdham, Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh

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---- Non-Applicant

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For the Applicant	: Mr. Aniket Verma, Advocate
For Non-Applicant	: Mr. Amit Verma, P. L.

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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02.08.2022

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The applicant has preferred the first bail application under Section 439 of CrPC for grant of regular bail as he is in jail since 08.08.2020 in connection with Crime No.173/2020 registered at Police Station-Bodla, District- Kabirdham(C.G.) for the offence punishable under Sections 20(b) of the NDPS Act.

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The case of prosecution in brief, is that on 08.08.2020, an information received that the applicant along with another is carrying cannabis in their Motorcycle No.HR 05 AY 5161, when they were intercepted total 21 kg of cannabis(Ganja) was recovered from their joint possession

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Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He further submit that another co-accused has already been granted regular bail vide order dated 19.01.2022 passed by Co-ordinate Bench of this Court in MCRC No.9417 of 2021, therefore, on the same ground of parity, present applicant may also be granted regular bail, he is in jail since 08.08.2020 and still trial is not concluded, therefore, he may be released on bail.

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On the other hand, learned counsel for the State does not dispute this

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fact that the another co-accused has already been granted bail, the case of the present applicant is similar to that of co-accused. However, he submits that applicant is a resident of Haryana and in the event of grant of bail, local surety may be asked for. The counsel for the applicant submits that applicant is ready to furnish local surety.

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Considering the facts and circumstances of the case, looking to the fact that another co-accused has already been granted bail by Co-ordinate Bench of this Court vide order dated 19.01.2022 passed in MCRC No.9417 of 2021 and also looking to the detention period, trial may take some time, I am inclined to allow this bail application.

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Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one solvent local surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

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It is made clear that the observations made hereinabove is 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 hereinabove. It is also made clear that the State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future.

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Certified copy as per rules.

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Sd/-

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Sd/-

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(Sachin Singh Rajput)

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Judge

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parul

Ravi Kumar Harijan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ravi Kumar Harijan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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