Allowed

Bhajan Dhurwa v. State of Chhattisgarh

Chhattisgarh HC13 Sept 2022MCRC/7692/2022

Case brief

AI extract

What is this about?

Held that the bail application is allowed. The applicant was arrested for possession of 16 kg ganja under NDPS Act. Without deciding merits, the High Court granted regular bail upon furnishing a bond of Rs. 25,000 with one surety, subject to standard conditions including appearance before trial court and non-interference with witnesses.

What did the court decide?

Application allowed; Applicant released on regular bail upon furnishing a bail bond of Rs. 25,000/- with one surety to the satisfaction of the Court.

Bhajan Dhurwa 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. 7692 of 2022

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Bhajan Dhurwa son of Shidhar Dhurwa, aged about 29 years, R/o Village Darlipara Kodobhata, Thana Devbhog, District Gariyaband, Chhattisgarh

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------Applicant

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VERSUS

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State of Chhattisgarh through: Station House Officer, Police Station Mainpur, District Gariyaband, Chhattisgarh

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------- Non-applicant

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For Applicant : Mr. Shubham Tripathi, Advocate on behalf of Mr. Vikas Pradhan, Advocate For Non-applicant/State: Mr. Ajay Kumrani, Panel Lawyer

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S.B.: Hon'ble Shri Parth Prateem Sahu, Judge ORDER

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13/09/2022

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Applicant has filed this second bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 87/2021 registered at Police Station Mainpur, District Gariyaband (C.G.) for offence punishable under Sections 20(b) of Narcotic Drugs Psychotropic Substances Act, 1985.

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Case of prosecution, in brief, is, that on 26.12.2021, police on receiving secret information, intercepted applicant near Devbhog bus stand, during search, recovered 16 kg of ganja kept in 02 bags and he was arrested.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the crime as the seizure of alleged ganja was not from conscious and exclusive possession of applicant. He submits that after withdrawal of first bail application, seizure witnesses have now been examined and they have not supported the case of prosecution. There are as many as 10 witnesses out of which only 02 witnesses have been examined till 06.08.2022 and the trial may take some time to conclude, hence, applicant may be enlarged on bail.

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Learned State counsel, while opposing the submissions of

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learned counsel for the applicant, submits that police when intercepted applicant had recovered 16 kg of contraband ganja from his possession, hence, he is not entitled for grant of bail. He also submits that the evidence on which learned counsel for applicant is pressing is to be appreciated by the trial Court.

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I have heard learned counsel for the parties.

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Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the parties and also that applicant is in jail since 26.12.2021, without commenting anything on merits, I am inclined to allow the bail application.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

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a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

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

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

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Certified copy as per rules.

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Sd/-

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(Parth Prateem Sahu) Judge

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P a w a n

Bhajan Dhurwa v. State of Chhattisgarh

Case brief

What is this about?

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Bhajan Dhurwa v. State of Chhattisgarh

Case brief

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What did the court decide?

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