Allowed

Sayyed Khalik v. State of Chhattisgarh

Chhattisgarh HC20 Apr 2023MCRC/1151/2023

Case brief

AI extract

What is this about?

Bail application filed by two accused detained on NDPS charges for illegal possession of cannabis. The High Court granted regular bail after hearing counsel and perusing the charge-sheet notes, directing release upon furnishing bond and sureties.

What did the court decide?

Applicants granted bail on furnishing one personal bond for Rs. 25,000 each along with two sureties in the like sum.

Sayyed Khalik Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2023)

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MCRC No. 1151 of 2023

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1151 of 2023

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Sayyed Khalik S/o Sayyed Akbar Aged About 40 Years R/o Milan Chowk, Sanjay Nagar, Thana- Tikrapara, District Raipur Chhattisgarh

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Shekh Saddam S/o Shekh Hamid, Aged About 30 Years R/o Near Tahsil Office Basna, Thana Basna, District : Mahasamund, Chhattisgarh ---- Applicants

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Tikrapara, District : Raipur, Chhattisgarh ---- Respondent

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For Applicants For Respondent-State

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:- Mr. Vikas Pradhan, Advocate :- Ms. M. Asha, PL

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board

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20.4.2023

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This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 17.1.2023 in connection with Crime No.25/2023 registered at Police Station Tikrapara, District : Raipur (C.G.), for the offence punishable under Section 20(B) of the NDPS Act.

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Allegation against the applicants in the instant case is that applicant No.1 was found in illegal possession of 2.500 kg of cannabis (ganja) and applicant No.2 was found in illegal possession of 2 kg of cannabis (ganja). Based on above fact present crime has been registered against both the applicants.

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Learned counsel for the applicants would submit that the applicants are innocent and they has been falsely implicated in crime in question. He would further submit that it is a case of

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MCRC No. 1151 of 2023

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illegal possession of only 2.5 kg and 2 kg of cannabis (ganja) from applicant No.1 and applicant No.2 respectively, which are an intermediary quantities and applicants are in jail since 17.1.2023; charge-sheet has already been filed; this is the first crime registered against the applicants, therefore, they may be enlarged on bail.

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Per contra, learned State counsel vehemently opposed the bail application of the applicant. On being enquired, she would submit that there is no previous criminal antecedent of the applicants.

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I have heard learned counsel for the parties and perused the case diary as well as the material available on record.

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Considering the totality of the case, particularly considering the intermediary quantity of contraband; detention period of the applicants and the fact that charge-sheet has already been filed, I am inclined to grant bail to the applicants.

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Accordingly, the present bail application is allowed. It is directed that applicants shall be released on bail on each of them furnishing one personal bond for a sum of Rs. 25,000/- along with two sureties in the like sum to the satisfaction of the concerned trial Court on conditions that-

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

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Applicants shall not, in any manner, tamper with the prosecution witnesses.

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If applicants are found involved in similar offence in the 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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( N.K. Chandravanshi ) Judge

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Ayushi

Sayyed Khalik v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sayyed Khalik v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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