Allowed

Kunal Tekam v. the State of Chhattisgarh

Chhattisgarh HC2 Aug 2022MCRC/4431/2022

Case brief

AI extract

What is this about?

Hon'ble High Court of Chhattisgarh, writing through Justice Rakesh Mohan Pandey, allowed a bail application under Section 439 CrPC filed by an applicant charged with an offence under Section 20(b) of the NDPS Act for selling ganja, without commenting on merits, directing release upon execution of a personal bond and one surety's bond.

What did the court decide?

Permission granted to execute a personal bond of Rs.50,000/- with one surety of the like sum to release on bail.

Kunal Tekam Vs the 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. 4431 of 2022

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Kunal Tekam, S/o Shri Nipendra Tekam, Aged About 24 Years, R/o Village- Mahurband Para Kanker, Thana and Tahsil- Kanker, District : Kanker, Chhattisgarh. ---- Applicant

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Versus

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The State of Chhattisgarh, Through Station House Officer of Police Station Kanker, District : Kanker, Chhattisgarh.

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---- Non-Applicant

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For Applicant : Shri Sunil Sahu, Advocate For Non-Applicant/State : Shri Avinash K. Mishra, Government Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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02.08.2022

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1. The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 12.04.2022 in connection with Crime No.128/2022 registered at Police Station- Kanker, District- North Baster Kanker (C.G.) for the offence punishable under Section 20 (b) of the NDPS Act.

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1. As per prosecution case, on secret information the police intercepted the present applicant who was selling the contraband i.e. Ganja in front of Mahurband Para Kanker street light in the evening time between 5.00 to 9.00 pm. and from him 1.300 kg ganja with Rs. 3,500/- were seized and after compliance of mandatory provision of NDPS Act he was arrested on 12.04.2022.

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1. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the seized contraband is greater than small quantity but lesser than the commercial quantity. The applicant is in jail

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Page 2 of 2

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since 12.04.2022. The applicant is resident of State of Chhattisgarh and he is ready to abide all the conditions imposed by this Court while granting bail.

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1. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and he submits that the seized quantity is greater than the small quantity but lesser than the commercial quantity.

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1. Having heard learned counsel for the parties and going through the case diary, particularly considering the fact that the quantity of seized contraband is greater than small quantity but lesser than commercial quantity, the applicant is in jail since 12.04.2022, therefore, without commenting anything on merits of the case, the bail application is allowed.

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1. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-

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(i) he 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 from disclosing such fact to the Court,

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(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

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(iv) he shall not involve himself in any offence of similar nature in future.

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Sd/- (Rakesh Mohan Pandey) Judge

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Nadim

Kunal Tekam v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kunal Tekam v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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