Allowed

Rekhram Markam v. State of Chhattisgarh

Chhattisgarh HC3 Aug 2022MCRC/4995/2022

Case brief

AI extract

What is this about?

This High Court allowed the bail application of Rekhram Markam. The applicant, a resident of Chhattisgarh, was arrested on 26.02.2022 for trafficking cannabis (Ganja). The quantity seized exceeded small quantity but did not reach commercial quantity. With the charge-sheet filed and no criminal antecedents found, the Court granted bail without commenting on merits.

What did the court decide?

Grant of bail upon execution of personal bond with one surety for Rs. 1,00,000/- and adherence to standard bail conditions including not interfering with witnesses.

Rekhram Markam 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. 4995 of 2022

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Rekhram Markam, S/o Bhagatram, Aged About 32 Years, R/o Gram Mujaalgondi Panchayat Kochwahi, Police Station Guroor, District : Balod, Chhattisgarh. ---- Applicant

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Versus

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State of Chhattisgarh, Through: The Police Station Tongpal, District : Sukuma, Chhattisgarh. ---- Non-Applicant

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For Applicant : Shri Pravin Kumar Tulsyan, Advocate For Non-Applicant/State : Shri Avinash K. Mishra, Government Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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03.08.2022

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Heard.

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1. This is the first bail application filed under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 06/2022 for offence under section 20 (B) of Narcotic Drugs and Psychotropic Substances Act (for short, ‘NDPS Act’) registered at Police Station-Tongpal, District- Sukma (C.G.).

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1. As per prosecution story, on secret information, the Police intercepted the present applicant who was transporting contraband i.e. Cannabis ( Ganja ) in a motorcycle bearing Registration No. CG-19-BH-2228 Honda CD110 Dream DX and he was carrying 12.200 KG Ganja in a white colour plastic bag and the police after compliance of mandatory provision of NDPS Act arrested the applicant on 26.02.2022.

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1. Yesterday, this case was listed before this Court but the case diary was not available. The applicant’s counsel narrated this Court that the charge-sheet has already been filed and he is willing to file complete copy of charge-sheet by tomorrow. The State counsel yesterday submitted that if charge-sheet is filed,

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the State has no objection and State will assist the Court.

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1. In this case, charge-sheet was filed on 10.04.2022 and according to charge-sheet, as stated by counsel for the State, there is no criminal antecedents of the present applicant.

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1. Counsel for the applicant submits that the quantity of contraband seized in this case is more than small quantity but less than commercial quantity, charge-sheet has already been filed, the applicant is in jail since 26.02.2022 and he is resident of State of Chhattisgarh. He further submits that the applicant is ready to abide all the conditions imposed by this Court while granting bail.

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1. Having heard learned counsel for the parties and going through the charge-sheet, particularly considering the fact that the quantity of contraband Ganja seized in this case is more than small quantity but less than commercial quantity, the applicant is in jail since 26.02.2022 and charge-sheet has already been filed, therefore, without commenting anything on merits, I am inclined to grant bail to the applicant. Accordingly, 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.1,00,000/- with one surety 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/-

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(Rakesh Mohan Pandey ) Judge

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Nadim

Rekhram Markam v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rekhram Markam v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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