Allowed

Ayush Dewangan v. State of Chhattisgarh

Chhattisgarh HC6 Dec 2022MCRC/8054/2022

Case brief

AI extract

What is this about?

This order grants bail to an applicant arrested on NDPS charges for possessing 26 kgs of ganja. The High Court relied on a Supreme Court decision regarding the collapse of the prosecution case and the fact that co-accused bail was granted, ordering release on personal bond with surety.

What did the court decide?

Application allowed; applicant directed to be released on bail on personal bond of Rs. 10,000/- with one surety for the like amount.

Ayush Dewangan 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. 8054 of 2022

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Ayush Dewangan S/o Ramnarayan Dewangan Aged About 23 Years R/o Vivekanand Ward, Mungeli, P.S. City Kotwali, Mungeli,, District : Mungeli, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through S H O Of Police Station City Kotwali, Mungeli ,, District : Mungeli, Chhattisgarh

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---- Respondent

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For Applicant : Shri Pallav Mishra, Advocate For State : Shri Amit Verma, Panel Lawyer

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Hon'ble Shri Justice Sachin Singh Rajput

Order On Board

06/12/2022

Heard.

The applicant has been arrested in connection with Crime No.303/2022 registered at Police Station – City Kotwali, District – Mungeli (C.G.) for alleged commission of offences under Section 20 (B) of NDPS Act.

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Prosecution case is that 26 kgs of Ganja was recovered from the possession of the applicant while he was traveling with another co-accused in a vehicle.

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Learned counsel for the applicant would submit that on receiving secret information, the applicant was apprehended and thereafter, 26 kgs of contraband was allegedly recovered from his possession. Thereafter, on recording of his memorandum, 26 kgs of ganja was recovered from his house. He submits that the entire prosecution story rests on the basis of 2 seizure witnesses and they have not supported prosecution story and in the cross examination, they stated that the police has made them witness in many cases. He further submits that all the papers were seen by the police

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and the witnesses does not know, what was written in those papers. He further submits that the basic foundation of the case, on which, the entire prosecution case has been made, has been collapsed in view of decision of the Supreme Court in the case of Sanjeet Kumar Singh @ Munna Kumar Singh Vs. State of Chhattisgarh reported in 2022 SCC Online SC 1117. It is also submitted that the co-accused has already been granted bail by this Court in MCrC No.4944/2022. Therefore, it is prayed that for the present, the applicant may be granted bail.

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On the other hand, learned State counsel opposes prayer and submits that looking to the quantity of contraband, the application may be rejected. It is submitted that other witnesses are yet to be examined.

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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 submission of learned counsel for the parties, particularly the nature of allegations and that the applicant is in jail since 18/05/2022, I am inclined to grant bail to the applicant.

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Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- along with one surety for the like amount to the satisfaction of the trial Court on the condition that -

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

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b) He shall not make any attempt to tamper with the prosecution witnesses.

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It is made clear that if the applicant is found indulged in offence of similar nature, the State is at liberty to apply for cancellation of bail.

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Certified copy as per rules.

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Sd/- (Sachin Singh Rajput ) Judge

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Deepti

Ayush Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ayush Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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