Allowed

Chandan Kumar Patel v. State of Chhattisgarh

Chhattisgarh HC15 Apr 2024MCRC/1087/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a second bail application under Section 439 CrPC for a Narcotics Act offender. The court concluded it was a fit case for bail due to the intermediary quantity of drugs involved and the trial having stalled as prosecution witnesses had not been examined despite 13 summons.

What did the court decide?

Accused released on bail via personal bond of Rs. 50,000 with two local sureties in like sum.

Chandan Kumar Patel Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 1087 of 2024

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Chandan Kumar Patel, S/o Late Lalan Prasad, Aged about 28 Years, R/o Karariya, Gopalganj, District Gopalganj (Bihar)

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---- Applicant

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Versus

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State of Chhattisgarh, through, S.H.O. Police Station – Sirgitti, Distt. Bilaspur (C.G.)

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----Non-applicant

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For Applicant : Mr. Sanjay Pathak, Advocate. For Non-applicant : Mr. Vaibhav K. Agrawal, Panel Lawyer.

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Hon'ble Shri Justice Naresh Kumar Chandravanshi

Order On Board

16.04.2024

Heard.

1. The applicant/accused has preferred this second bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 146/2023 registered at police Station Sirgitti, Distt. Bilaspur (C.G.) for commission of offence punishable under Section 20(B) of the NDPS Act. His first bail application was dismissed on merits by this Court vide order dated 06.11.2023 passed in M.Cr.C. No. 5331 of 2023.

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2. Case of the prosecution, in brief, is that on the basis of secret information, police of police station Sirgitti caught the present applicant and co-accused – Abhishek Kumar and seized 11.400 kgs. of contraband substance Ganja from the possession of each of the applicant & co-accused, thus total 22.800 kgs. of contraband substance was seized from the applicant & another co-accused, which they were carrying in their backpack and thereby committed the aforesaid offence.

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3. Learned counsel appearing for the applicant submits that earlier vide order dated 06.11.2023, first bail application filed by the present applicant was dismissed by this Court on merit. It is further submitted that only 11.400 kgs of contraband article Ganja has been seized from the possession of the applicant and after framing of charge, case has been fixed for 13 times for recording deposition of witnesses, but despite issuance of repeated summons for the same, till date none of the prosecution witnesses have been examined, which shows that conclusion of the trial is likely to take long time, whereas, alleged quantity of contraband article Ganja seized from the possession of the applicant is intermediary quantity, hence, the applicant may be released on regular bail.

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4. Per contra, learned counsel for the State would oppose the bail application filed by the applicant. However, on being enquired, he submits that as per case diary, no criminal antecedents have been reported against the applicant.

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5. I have heard learned counsel for the parties and perused the material available on record.

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6. Having heard learned counsel for the parties, having regard to the facts of the case, particularly considering the fact that quantity of contraband article Ganja seized from the possession of the present applicant is intermediary quantity; and also considering the fact that despite providing various opportunities, which is said to be 13 in number, till date none of the prosecution witnesses have been examined, thus, considering the totally of the facts, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the second bail application is allowed.

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7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with two local sureties in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court till disposal of the trial.

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Certified copy, as per rules.

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Sd/-

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(Naresh Kumar Chandravanshi)

Judge

Amit

Chandan Kumar Patel v. State of Chhattisgarh

Case brief

What is this about?

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Chandan Kumar Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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