In a Narcotic Drugs case, the High Court allowed a bail application under Section 439 Cr.P.C., noting that contraband was not seized from the applicant's possession and a co-accused had already been released, permitting bail subject to a personal bond.
Applicant to release on bail by executing a personal bond of Rs.50,000 with two local sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5931 of 2023
| ---- Applicant Versus |
|---|
| State Of Chhattisgarh, Through Station House Officer, GRP Bhilai, |
| District Durg, Chhattisgarh. ---- Non-applicant |
| For Applicant : Mr. Aman Pandey, Advocate. |
| For State/Non-applicant : Ms. M. Asha, P.L. |
Hon'ble Shri Justice Naresh Kumar Chandravanshi
Order on Board
10.11.2023
1. The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail, as she was arrested on 01.03.2023 in connection with Crime No.26/2023, registered at Police Station GRP Bhilai, District Durg (C.G.) for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act, 1985).
2. The prosecution story, in brief, is that on 28.02.2023 GRP police received a secret information from informant that three persons
2
carrying contraband article (ganja) are travelling from Train No.12807 (Samta Express) with an intention to sell. On receiving the said information GRP Police caught those accused persons and seized the contraband article (ganja) from the joint possession of the accused persons by conducting raid. Based on above facts, present crime has been registered against the accused persons.
3. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the crime in question, as nothing has been seized from the physical possession of the present applicant. He further submits that there is no criminal antecedents registered against the present applicant except the present one. It is further submitted that other co-accused person has already been granted bail by this Court in MCRC No.6471/2023 vide order dated 29.09.2023. He further submits that applicant is in jail since 01.03.2023 and charge sheet has already been filed. Hence considering the aforesaid facts, applicant may be enlarged on bail.
4. Per contra , learned State counsel opposes the bail application and submits that the GRP police has seized the contraband article (ganja) of quantity 20 Kg from the possession of the applicant, therefore, the bail application of the applicant is liable to be dismissed. However, on being enquired, State counsel submits that as per the case diary, there is no criminal antecedents registered against the present applicant except the present one.
3
5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record.
6. Having regard to the facts and circumstances of the case, particularly considering the fact that, as per the case of prosecution alleged contraband article (ganja) has not been seized from physical possession of the applicant and also considering the fact that one co-accused has already been granted bail by this Court vide order dated 29.09.2023 in MCRC No.6471/2023. Further considering the fact that there is no criminal antecedents registered against the present applicant, hence, I am inclined to release the applicant on bail. Therefore, the application filed under Section 439 of the Cr.P.C. is allowed.
7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two local sureties of the like sum to the satisfaction of the concerned trial Court for her appearance before the concerned Court as and when directed by the said Court, she be released of bail.
Certified copy as per rules.
Sd/- (Naresh Kumar Chandravanshi) Judge
Deepti Jha
2 issues framed by the court
Whether the applicant is entitled to regular bail under Section 439 of Cr.P.C. in a case where no contraband was seized from her physical possession.
Whether the prior grant of bail to a co-accused and lack of criminal antecedents permit release on bail.
2 provisions across 2 enactments
Baby Soni
State Of Chhattisgarh
Naresh Kumar Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
