Allowed

Sharambu (Srambu- Correct Name) Digal v. State of Chhattisgarh

Chhattisgarh HC15 Jun 2023MCRC/2629/2023

Case brief

AI extract

What is this about?

This bail application was allowed after the High Court considered the admission of hostile seizure witnesses, the release of co-accused on bail, and the substantial period of pre-trial detention. The court directed the release on personal and surety bonds subject to specific conditions.

What did the court decide?

Release of applicants on bail by furnishing a personal bond of Rs.50,000 and two sureties for the same amount.

Sharambu (Srambu- Correct Name) Digal Vs State of… — 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. 2629 of 2023

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Sharambu (Srambu- Correct Name) Digal S/o. Mande Digal Aged About 43 Years R/o. Village Melasikiya Police Station Waliguda, Tahsil Waliguda, District Kandhamal Odisha.

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Firoz Malik S/o. Dagisa Malik Aged About 35 Years R/o. Village Melasikiya Police Station Waliguda, Tahsil Waliguda, District Kandhamal Odisha. --- Petitioners.

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Versus

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State Of Chhattisgarh Through Station House Officer Out Post Dashrangpur Police Station Pipariya District Kabirdham Chhattisgarh

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--- Respondent.

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CAUSE TITLE TAKEN FROM CIS PERIPHERY

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----------------------------------------------------------------------------------------------For Applicant : Mr. Dharmesh Shrivastava, Adv. For Respondent/State : Ms. Shubha Shrivastava, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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15.06.2023

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1. This is the second bail application under Section 439 Cr.P.C. filed by the accused/applicants who are languishing in jail since 10.08.2021 in connection with Crime No.289/2021 registered at Police Station Pipariya, Out Post Dashrangpur, Kabirdham for the offence punishable under Sections 20 (b) of the NDPS Act.

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The first application under Section 439 Cr.P.C. filed by the accused/applicants was dismissed as withdrawn reserving the liberty revive the same after examination of the seizure witnesses vide order dated 26.04.2022 in MCRC No.9692/2021.

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2 As per prosecution story, on the basis of secret information, the police has seized 46.540 KG Ganja from the illicit possession of the present applicants along with other accused

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persons.

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3. Learned counsel for the applicant submits that the accused/applicants are innocent and have been roped in a false case. He further submits that seizure witnesses have been examined before the trial Court and they have not supported the case of the prosecution. He further submits that there is no evidence that the said contraband was seized from the illicit possession of the applicants. He also submits co-accused have already been released on bail by this Court vide order dated 03.02.2023 passed in MCRC No.11025/2022. He submits that the applicant is languishing in jail since 10.08.2021 and final conclusion of the trial is likely to take considerable time therefore, the applicant may be released on bail. He also submits that the applicant would abide all terms and conditions imposed on him while granting bail.

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4. Per contra, learned State counsel opposes the bail application.

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5. Having considered the submission of counsel for the parties and considering the facts and circumstances of the case, further considering the period of pretrial detention of the applicant; seizure witnesses have been turned hostile and that co-accused have already been granted bail, I deem it appropriate to release the applicants on bail.

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6. Accordingly, the application is allowed and it is directed that on each applicant furnishing a personal bond in the sum of

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Rs.50,000/- with two sureties each for the like sum to the satisfaction of the concerned Court, they shall be released on bail

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on the following conditions:-

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(a) they shall not act in any manner which will be prejudicial to fair and expeditious trial,

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(b) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of case,

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(c) the applicants 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) they shall not involve themselves in any offence of similar nature in future.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Sharambu (Srambu- Correct Name) Digal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sharambu (Srambu- Correct Name) Digal 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

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