In this bail application under Section 439 Cr.P.C., the High Court of Chhattisgarh consideration. The Court allowed the application and directed the release of the applicant on bail upon furnishing a bond of Rs. 25,000 with a surety.
Applicant Kapil Singh directed to be released on bail by furnishing a bond of Rs. 25,000 with one solvent surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MCRC-8855-2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8855 of 2022
---- Applicant
Versus
---- Respondent
For Applicant : Mr. P.K. Tulsyan, Advocate For Respondent-State : Mr. Afroz Khan, Panel Lawyer
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
11. 11.2022
MCRC-8855-2022
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he has been falsely implicated. He is in jail since 17.02.2020 i.e. more than 2 ½ years and trial would take prolonged period of time to be concluded. Co-accused, namely, Pooja @ Mithlesh Singh Jatav have already been enlarged on bail by this Court vide order passed in MCRC-2805-2020 dated 17.08.2020. The alleged illegal contraband (Ganja) which is seized from the possession of the applicant is 19 kgs, which is less than commercial quantity and, therefore, he may be enlarged on bail.
Court.
Sd/- (Sanjay K. Agrawal) Judge
s@if
3 issues framed by the court
Whether the applicant should be granted bail in the offence under Section 20(B) of the NDPS Act, 1985.
Whether the quantity of contraband (19 kg ganja) being less than commercial quantity entitles the applicant to bail.
Whether the prolonged detention without progress in trial warrants grant of bail despite being a repeat application.
2 provisions across 2 enactments
Kapil Singh
State Of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
