Allowed

Santosh Yadav v. State of Chhattisgarh

Chhattisgarh HC4 Aug 2022MCRC/5379/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a regular bail application under Section 439 Cr.P.C. for the applicant arrested for offences under Section 21 of the NDPS Act, considering the small quantity seized and no criminal antecedents, subject to standard reporting and conduct conditions.

What did the court decide?

Application for regular bail allowed; directed to execute personal bond with two sureties for Rs. 25,000 each.

Santosh Yadav 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. 5379 of 2022

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Santosh Yadav S/o Ugrasen Yadav Aged About 22 Years, R/o Sanjay Nikunj Baigin Dokri Pass W.No. 02, Gharghoda PS- Gharghoda, District : Raigarh, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Officer-In-Charge Police Station - Gharghoda, District : Raigarh, Chhattisgarh

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---- Non-applicant

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For the Applicant : Ms. Monika Thakur, Advocate on behalf of Mr. Ashutosh Mishra, Advocate.

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For the Non-applicant/State : Mr. Kunal Das, Panel Lawyer.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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04-08-2022

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1 . The applicant has preferred this first bail application under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail as he is arrested in connection with Crime No. 375/2021 registered at Police Station- Gharghoda, District- Raigarh (C.G.) for the offence punishable under Section 21 of the NDPS Act.

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Prosecution story in brief is that on 21-11-2021 on the basis of information received from an informant, after conducting the search operation Police has seized 672 SPAS- TRACAN PLUS capsules from the possession of the present applicant and the co-accused. The applicant was arrested on the same day.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that seized articles are below than commercial quantity, the applicant has no criminal antecedent, charge-sheet has also been filed, the applicant is in jail since 21-11-2021 and application is likely to take some more time to be finalized. Hence, it is prayed that his application may be allowed.

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On the other hand, learned counsel for the State has opposed the bail application of the applicant.

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I have heard both the parties.

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Perused the case diary and other materials available on record, and considering that the seized articles are below than commercial quantity, charge-sheet has also been filed, the applicant is in jail since 21-11-2021 and the co-accused in this case has already been enlarged on bail vide order dated 29-03-2022 passed in MCRC No.515 of 2022 by coordinate Bench of this Court, this Court is of the opinion that it is a fit case where this applicant be granted benefit of bail. Accordingly, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is allowed.

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7 . It is directed that in the event of the applicant executing a personal bond for a sum of Rs.25,000/- with two local sureties for the like sum to the satisfaction of the

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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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Aadil

Santosh Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Santosh Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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