Allowed

Sagar Bajara v. State of Chhattisgarh

Chhattisgarh HC5 May 2022MCRC/3811/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the second bail application under Section 439 Cr.P.C. filed by an applicant accused of possessing 12 kg of cannabis under the NDPS Act, directing his release on personal bond and solvent surety.

What did the court decide?

Release on bail by furnishing one personal bond for Rs. 25,000 with one solvent surety in the like sum to the satisfaction of the trial Court.

Sagar Bajara Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

¶1

¶2

MCRC No. 3811 of 2022

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH, BILASPUR

¶5

MCRC No. 3811 of 2022

¶6

Sagar Bajara S/o Mewalal Bajara, Aged About 23 Years R/o Village Renjarabhar Lalpur, Thana Gaurela, District GaurelaPendra- Marwahi (Chhattisgarh).

¶7

---- Applicant

¶8

Versus

¶9

State Of Chhattisgarh Through Station House Officer, Police Station Gaurela, District Gaurela Pendra Marwahi (Chhattisgarh)

¶10

---- Respondent

¶11

For Applicant :- Mr. Vikash Pradhan, Advocate For Respondent-State :- Mr. Vinod Tekam, PL

¶12

Hon'ble Shri Justice N.K. Chandravanshi Order On Board

¶13

05/5/2022

¶14

This is the second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 393/2021 registered at Police Station Gaurela, District – Gaurela- Pendra- Marwahi Chhattisgarh for the offence punishable under Section 20(b) of the N.D.P.S. Act.

¶15

Earlier, the first bail application was dismissed for want of prosecution vide order dated 28.3.2022.

¶16

Case of the prosecution, in brief, is that 12 kg of cannabis (ganja) was seized from the illegal possession of present applicant. Thereafter, offence was registered.

¶17

Learned counsel for the applicant would argue that the applicant

¶18

¶19

MCRC No. 3811 of 2022

¶20

is innocent and has been falsely implicated. It is further submitted that quantity of alleged contraband is only 12 kg, which is an intermediary quantity; applicant is in custody since 24.10.2021 and the charge-sheet has already been filed, therefore, he may be released on bail.

¶21

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

¶22

Considered the submissions made by learned counsel for the parties, perused the case diary and material available on record.

¶23

Considering the entire facts and circumstances of the case; nature & gravity of the offence; the period of detention and particularly, considering the quantity of contraband seized from the applicant, this Court find that present is a fit case to grant bail to the applicant.

¶24

Accordingly, the present bail application is allowed. It is directed that on the applicant's furnishing one personal bond for a sum of Rs. 25,000/- along with one solvent surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said Court, he shall be released on bail.

¶25

Certified copy as per rules.

¶26

SD/-

¶27

( N.K. Chandravanshi ) Judge

¶28

Ayushi

Sagar Bajara v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sagar Bajara v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Xyz Vs State of Chhattisgarh

Xyz Vs the State of Chhattisgarh

Niraj Sen Vs Smt. Laxmi Sen

Smt.Meena Alias Sukrita and Anr. Vs State of Chhattisgarh

Abc Vs State of Chhattisgarh

Tulsi Agrawal Vs Ashirwad Industries