Allowed

Gendlal Jaiswal v. State of Chhattisgarh

Chhattisgarh HC18 Apr 2022MCRC/752/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the applicant's second bail application under Section 439 CrPC in a narcotics case. The Court found it a fit case for bail as key prosecution witnesses did not support the prosecution case, directing the release on a personal bond.

What did the court decide?

The applicant is released on bail on executing a personal bond of Rs. 1,00,000 with one local surety.

Gendlal Jaiswal 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. 752 of 2022

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Gendlal Jaiswal S/o Devman Jaiswal Aged About 35 Years Resident Of Village Jamui, Police Station Sohagpur, District Shahdol Madhya Pradesh.

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----Applicant

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Versus

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State Of Chhattisgarh Through Station House OfÏcer, Police Station Manendragarh, District Korea Chhattisgarh.

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---- Respondent

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For Applicant : Shri Nitansh Kumar Jaiswal, Advocate. For Respondent : Shri Himanshu Sharma, P.L.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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18.04.2022

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The accused/applicant has moved this second bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 305/2021 registered at Police Station – Manendragarh, District Korea (C.G.) for the offence punishable under Section 22(C) of Narcotic Drugs & Psychotropic Substances Act.

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First bail application of the applicant was dismissed as withdrawn on 01.11.2021 in MCRC No. 8139/2021 and a liberty was given to him to move a fresh application after examination of memorandum and seizure witnesses.

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As per prosecution story, 32 pieces of Buprenorphine Injection, containing 2 ML in each and 17 pieces of Evil Injection, containing 10 ML in each were seized from the illegal possession of applicant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He

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further submits that after withdrawing of the first bail application, memorandum and seizure witnesses have been examined and they have not supported the prosecution case before the trail Court, therefore, the present applicant may be released on bail.

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On the other hand, counsel for the State opposes the bail application.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the facts and circumstances of the case particularly considering that Gulam Asgar (PW-1) and Prakash Yadav (PW-3), being memorandum and seizure witnesses, have not supported the prosecution case, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/-

(Rajani Dubey)

Judge

V/-

Gendlal Jaiswal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gendlal Jaiswal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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