Allowed

Mahendra Shrivas v. State of Chhattisgarh

Chhattisgarh HC6 Jul 2022MCRC/5680/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court of Chhattisgarh granted regular bail to two applicants arrested for possessing ganja. The court considered the quantity seized and the detention period, directing the release on executing a personal bond.

What did the court decide?

Applicants released on bail on executing a personal bond of Rs. 1,00,000 with two local solvent sureties each of Rs. 50,000.

Mahendra Shrivas 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. 5680 of 2022

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Mahendra Shrivas S/o Late Rajendra Shrivas, Aged about 26 years, R/o Village Juhli, P.S. N.K.J. District Katni, M.P.

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Lalu Shrivas, S/o Mahan Lal Shrivas, Aged about 36 years, R/o Village Juhli, P.S. N.K.J. District Katni, M.P.

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---- Applicants

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Versus

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State of Chhattisgarh, through- The Tikrapara, District Raipur, Chhattisgarh.

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---- Respondent

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For Applicants	: Mr.	Raza Ali, Advocate.
For Respondent/State	: Mr.	Ravi Pal Maheshwari, P.L.

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Hon'ble Shri Justice Arvind Singh Chandel

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Order on Board

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06/07/2022

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The applicants have preferred this second bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with Crime no. 159/2022, registered at Police Station Tikrapara, District Raipur (C.G.) for the offence punishable under Section 20(B) of the NDPS Act.

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First bail application was dismissed as withdrawn with liberty to revive the same after a month vide order dated 11.05.2022 passed in MCRC No.2871/2022.

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As per prosecution story, on 23.02.2022, on the basis of information received from an informant, police official searched and seized total 18 kg. of contraband Ganja, 09 kg. from each of the appellant and they have been arrested on the same day i.e. 23.02.2022.

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Learned counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that quantity of seized contraband is below commercial quantity, the applicants are in jail since 23.02.2022, they have no criminal antecedents, charge-sheet has already been filed and trial is likely to take some time, therefore, it is prayed that both the applicants may be released on bail.

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Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that as the appellants are resident of other state, therefore, they may not be released on bail.

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I have heard learned Counsel for both the parties and perused the material available on record.

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Considering the facts and circumstances of the case, particularly considering the quantity of seized contraband, the detention period of the applicants, the fact that trial will likely to take some time to be finalized, without further commenting on other merits of the case, I am inclined to release the applicants on bail.

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Accordingly, the bail application is allowed.

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It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 1,00,000/with two local solvent sureties each of Rs. 50,000/- to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

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Sd/-

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(Arvind Singh Chandel) Judge

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Shubham

Mahendra Shrivas v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mahendra Shrivas 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

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