Allowed

Rahul Gupta @ Manoj Gupta v. State of Chhattisgarh

Chhattisgarh HC6 Jul 2023MCRC/1235/2023

Case brief

AI extract

What is this about?

In this bail application under the NDPS Act, the High Court granted bail to the applicant, directing his release on a personal bond with sureties. The court relied on parity with the grant of bail to a co-accused and the lack of recovery from the applicant.

What did the court decide?

Applicant granted bail on personal bond of Rs.50,000/- with two sureties for the like amount, subject to standard conditions.

Rahul Gupta @ Manoj Gupta Vs State of Chhattisgarh — Chhattisgarh HC (2023) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1235 of 2023

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Rahul Gupta @ Manoj Gupta S/o Ramkesh Gupta Aged About 21 Years R/o Pokhra, Parsatola, P.S.- Babhani, District- Sonbhandra, Uttar Pradesh

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---- Applicant

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Versus

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State Of Chhattisgarh Through S.H.O., Police Station- Out Post- Manipur, P.S. Ambikapur, District- Surguja, Chhatthisgarh

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---- Respondent

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For Applicant : Shri Sanjay Pathak, Advocate For State : Shri Tarkeshwar Nande, Panel Lawyer

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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06/07/2023

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This is second bail application. First bail application was dismissed on merits.

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The applicant has been arrested in connection with Crime No.498/2022 registered at Outpost – Manipur, Police Station – Ambikapur, District – Surguja (C.G.) for alleged commission of offences under Section 21-B, 29 of NDPS Act, 1985.

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The prosecution case is that from the possession of the co-accused – Rajendra Yadav, 65 pieces of Rexogesic Injection containing 2 ml each of total 130 ml was seized and on the basis of his memorandum, the applicant has been arrested.

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Learned counsel for the applicants would submit that there is no admissible evidence against the present applicant and no recovery has been effected from him. It is submitted that the applicant is in jail since 12/06/2022, trial is likely to take some time and the co-accused – Rajendra yadav has been granted bail by the coordinate Bench of this Court in MCrC No.1240/2023. Therefore, the applicant may be granted bail.

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On the other hand, learned State counsel opposes prayer and submits that the applicant and other accused are involved in selling Narcotic Drugs. Therefore, the application may be rejected.

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I have heard learned counsel for the parties and considered their rival submissions.

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Considering that the person from whom contraband has been seized, has been granted bail by this Court and no recovery has been effected from the possession of the applicant, on the ground of parity, I am inclined to grant bail to the applicant.

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Accordingly, the application is allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- along with two sureties 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 act in any manner which will be prejudicial to fair and expeditious trial,

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c) The applicant and the sureties shall submit a copy of their Aadhar Card along with a coloured postcard full size photo having printed the Aadhar number on it, which shall be verified by the concerned trial Court.

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d) He shall file an affidavit showing details of immovable property and bank account held by him and his dependent family members.

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e) He shall not alienate any immovable property without prior written permission of the trial Court.

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If the applicant is found involved in similar offence in future, the State

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would be at liberty to take appropriate steps for cancellation of his bail. Certified copy as per rules.

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Sd/- (Sachin Singh Rajput ) Judge

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Deepti

Rahul Gupta @ Manoj Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rahul Gupta @ Manoj Gupta 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

Parties & counsel

Coram

Case details

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