Allowed

Prince @ Gautam Mahar v. State of Chhattisgarh

Chhattisgarh HC3 May 2023MCRC/1529/2023

Case brief

AI extract

What is this about?

This court allowed a first bail application filed by the applicant in the Narcotic Drugs and Psychotropic Substances Act case. The court considered the applicant's age, custody duration, and hostile prosecution witnesses as grounds for release on personal bond with sureties.

What did the court decide?

Applicant released on bail by furnishing a personal bond for Rs. 25,000 with two local sureties of the like sum.

Prince @ Gautam Mahar 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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MISC. CRIMINAL CASE NO.1529 OF 20 23

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1. Prince @ Gautam Mahar S/o Khemlal Mahar Aged About 23 Years R/o Shivpara, Thana Below Tulsi Chowk, Durg, District - Durg (C.G.).

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…Applicant

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Versus

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1. State of Chhattisgarh Through the Station House Officer, Police of Police Station Durg, District Durg Chhattisgarh.

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	…Respondent
For Applicant	: Shri Rishi Sahu, Advocate.
For Respondent-State	: Ms. Samiksha Gupta, Panel Lawyer.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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03.05.2023.

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1. This is first bail application seeking grant of bail to the Applicant who is in jail since 21.02.2022 in connection with Crime No.182 of 2022 registered at Police Station Durg, District Durg, for the offence punishable under Sections 21(B) & 27(A) of the NDPS Act.

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2. The case of the prosecution is that, on the date of incident i.e. on 21.02.2022 the present applicant and two other co-accused persons were found to be in possession of contraband (Diacetylmorphine).

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3. Learned counsel for the applicant submits that from the possession of the present applicant 55 packets totaling 5.5 grams contraband were recovered. Similar recoveries were made from the other co-accused persons also. The applicant has already remained in custody for almost 15 months and five of the witnesses examined by the prosecution till date have already turned hostile and have not supported the case of the prosecution. That, the quantity of contraband in possession of the applicant was higher than the small quantity by only 0.5 gram and that there is no any past antecedent against the present applicant. Therefore, the applicant may be released on bail.

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4. The State counsel on the other hand opposing the bail application submits that the contraband seized from the possession of the applicant was

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Brown Sugar. Moreover, the applicant was in company of two other coaccused who were also in possession of similar contraband independently. Therefore, considering the gravity of the offence the applicant may not be released on bail.

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5. Having heard the contentions put forth on either side and on perusal of records, particularly taking into consideration the period of custody undergone, the tender age of the applicant and also considering the fact that it is a first offence of the applicant, in addition five of the witnesses examined having not supported the case of the prosecution, this court is of the opinion that a strong case is made out for grant of bail.

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6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with two local sureties of the like sum to the satisfaction of the concerned Trial Court for appearance as and when directed.

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Sd/(P.Sam Koshy) Judge

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inder

Prince @ Gautam Mahar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Prince @ Gautam Mahar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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