Allowed

Heera Singh Gadyan Singh Naik v. State of Chhattisgarh

Chhattisgarh HC6 Jul 2023MCRC/1145/2023

Case brief

AI extract

What is this about?

In this second bail application, the High Court of Chhattisgarh allowed the release of an applicant in custody accused of an NDPS offence. The court considered the applicant's innocence claim, lack of recovery from him, the flight risk, and the fact that a co-accused was already granted bail.

What did the court decide?

Applicant released on bail by furnishing a bond of Rs. 1,00,000 with one local surety for the like sum.

Heera Singh Gadyan Singh Naik Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1145 of 2023

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Heera Singh Gadyan Singh Naik S/o Gyan Singh Aged About 50 Years R/o Shevenge Pimpri Post Chicholi Pimpri, Police Station And Tehsil Jamner, District : Jalgaon, Maharashtra --- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Bastar, District : Bastar(Jagdalpur), Chhattisgarh. ---Respondent

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For Applicant Shri Ashok Komra, Advocate For State - Shri Raghvendra Verma, GA

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Order on Board by Hon'ble Shri Justice Sachin Singh Rajput

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06/07/2023

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This second application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 82/2018 registered at PS Bastar, District Bastar, CG for the offence punishable under Section 20 (b) (ii)(C) of NDPS Act. First application – MCRC No. 7331/2022 was dismissed on merit vide order dated 18.10.2022.

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Case of the prosecution in short is that a vehicle bearing registration No. MH-28-V-7000 was tried to be stopped by the police officials but it moved ahead causing damage to the public property and that two persons sitting in the vehicle ran away. When the vehicle was searched,109.300 Kg of contraband Ganja was recovered from it.

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Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. According to the counsel for the applicant, there is no criminal antecedent against the applicant, nothing was seized from the applicant,that the other accused from whom contraband was recovered has been granted bail by the co-ordinate bench of this Court vide order dated 20.6.2023 passed in MCRC No. 2746/2023. Hhe further submits that the applicant has no criminal background, that he is in jail since

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14.04.2022, and that the trial may take some time for conclusion, therefore, he may be released on bail.

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State counsel opposes the application for bail and submits that looking to the seriousness of the offence alleged, the applicant is not entitled for bail. He further submits that in case this court is inclined to grant bail to the applicant, local surety may be asked for from him as he belongs to the State of Maharashtra. To this, counsel for the applicant readily agrees.

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Considering the rival submissions made on behalf of the parties, the facts and circumstances of the case, the material collected by the prosecution, that there is no past criminal record against the applicant, that no recovery was made from the applicant, that the applicant is in jail since 14.04.2022, and that the trial may take some time for conclusion, and that the co-accused has already been granted bail by this Court, this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. It is directed that the applicant be released on bail on his furnishing a bond in the sum of Rs. 1,00,000/- (one lakh) with one local surety for the like sum to the satisfaction of the concerned Court for their appearance before that court as and when directed.

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The applicant shall not involve himself in the like offences in future and shall appear before the concerned Court on all the dates given in this behalf. Violation thereof, if any, may lead to cancellation of bail granted to the applicant. The applicant and the surety shall submit a copy of Adhaar Card along with a colour postcard full size photo having printed the Adhaar number on it, which shall be verified by the trial Court.

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Sd/-

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(Sachin Singh Rajput) Judge

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Jyotishi

Heera Singh Gadyan Singh Naik v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Heera Singh Gadyan Singh Naik 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

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