Allowed

Kishan Kumar v. State of Chhattisgarh

Chhattisgarh HC12 Sept 2022MCRC/6366/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh granted regular bail to an applicant arrested for drug trafficking under the NDPS Act. The court was inclined to grant bail due to weak prosecution evidence, despite objections regarding the risk of the non-resident applicant fleeing.

What did the court decide?

Application allowed; applicant directed to be released on regular bail by furnishing a personal bond of Rs.50,000 with two local sureties to the trial court.

Kishan Kumar Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRC No.6366 of 2022

¶5

Kishan Kumar S/o Prayag Sahu, aged about 24 years, R/o Shekhawati Nagar, Road No.6, B.A.I. Jaipur, P.S. Morlipura, District Jaipur (Rajasthan)

¶6

---- Applicant (In Jail)

¶7

Versus

¶8

State of Chhattisgarh, through the Police Station Bastar, District Bastar (CG)

¶9

---- Non-applicant

¶10

For Applicant : Mr. Praveen K Tulsiyaan, Advocate For Non-applicant : Mr. B.L. Sahu, Panel Lawyer.

¶11

Hon'ble Mr. Justice Parth Prateem Sahu

¶12

Order On Board

¶13

12/9/2022

¶14

This is first application on behalf of applicant under Section 439 of CrPC for grant of regular bail as applicant is in custody since 21.8.2021 in connection with Crime No.53/2021 registered at Police Station Bastar, District Bastar (CG) for commission of offence punishable under Section 20 (B) (II-C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

¶15

Case of prosecution, in brief, is that on 21.8.2021 one vehicle Scorpio bearing registration number CG17-AE-7902 was intercepted by police and during search, recovered 34.342 kilogram of contraband ganja kept in two white plastic bags. After completing the procedure prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985, police seized

¶16

¶17

contraband and arrested applicant and co-accused Akash Chouhan.

¶18

Learned counsel for applicant submits that seizure witnesses namely Vivek (PW-3) & Dalsai Baghel (PW-4) have been examined before the trial Court and they have not supported case of prosecution. He also contended that procedural irregularities were committed by Investigating Agency while making seizure of alleged contraband ganja. Applicant was arrested on 21.8.2021 and out of total 12 enlisted witnesses, till date only three prosecution witnesses have been examined before trial Court. Hence, applicant may be enlarged on regular bail.

¶19

On the other hand, learned State Counsel opposing submissions of learned counsel for applicant, would submit that after following procedure prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985, police seized contraband from possession of applicant. There are other material witnesses also who are to be examined before trial Court. Applicant is resident of State of Rajasthan and not of State of Chhattisgarh and if he is released on bail, there is every chance of his fleeing away. Hence, applicant is not entitled for grant of regular bail.

¶20

I have heard learned counsel for the parties.

¶21

Taking into consideration facts and circumstances of case, nature of allegations, submissions of learned counsel for both

¶22

¶23

sides, without commenting anything on merits of case, I am inclined to enlarge applicant on regular bail.

¶24

Accordingly, this bail application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local sureties in the like sum to satisfaction of trial Court concerned on the conditions that;

¶25

a) he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance.

¶26

b) he shall not, in any manner, tamper with the prosecution witnesses.

¶27

c) If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

¶28

Certified copy as per rules.

¶29

Sd/(Parth Prateem Sahu) Judge

¶30

roshan/-

Kishan Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kishan Kumar 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

Sheel Ratna Shrivastava Vs Bhilai Steel Plant and Ors.

Shakil Khan Vs State of Chhattisgarh

Smt. Alpana Mishra Vs the State of Chhattisgarh

Nemichand Vs State of Chhattisgarh

Aakash Chouhan Vs State of Chhattisgarh

Phoolchand Das Vs State of Chhattisgarh