Allowed

Vishal Mishra Alias Baba v. State of Chhattisgarh

Chhattisgarh HC11 Jul 2024MCRC/4263/2024

Case brief

AI extract

What is this about?

Hearing a second bail application under Section 439 CrPC regarding arrest for cannabis possession under NDPS Act, the High Court allowed bail without commenting on merits, directing release on security with conditions to appear and avoid witness tampering.

What did the court decide?

Applicant enlarged on regular bail upon furnishing a bail bond of Rs. 25,000/- with one surety subject to conditions of regular court appearance and no witness tampering.

Vishal Mishra Alias Baba 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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MCRC No. 4263 of 2024

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Vishal Mishra Alias Baba S/o Ayodhya Prasad Mishra Aged About R/o Village Ganeli, P.S. Sangrampur, District- Amethi (U.P.). Presently R/o Near Gate No. 3 Bhatagaon, Near Mathpuraina Talab Raipur, R.S. Puranibasti, District- Raipur, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through- Station House Officer, Rakhi DistrictRaipur, Chhattisgarh.

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---- Non-applicant

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For Applicant : Mr. Aakash Sahu, Advocate For State : Mr. Dilman Rati Minj, Govt. Advocate

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Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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12/07/2024

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Applicant has filed this second bail application under Section 439 of CrPC for grant of regular bail as he was arrested in connection with Crime No. 150 of 2023 registered at Police Station – Rakhi, District – Raipur Chhattisgarh for the offences punishable under Sections 20 (B) of NDPS Act, 1985.

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Case of prosecution, in brief, is that, on 27.08.2023 the Station House Officer received a secret information. Based on the information, police intercepted vehicle bearing No. CG 18 F 1100 and during search, recovered 16.200 kg of cannabis from possession of applicant and he was arrested on 27.08.2023.

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Learned counsel for applicant submits that applicant is innocent and has not committed any offence. He has been falsely implicated in the aforementioned crime. During trial, seizure witnesses have been examined and have not supported the case

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of prosecution. Applicant is in jail since 27.08.2023, hence, he may be enlarged on bail.

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Learned State counsel opposes the submission made by learned counsel for applicant and would submit that Police, during search, has seized 16.200 kg of cannabis from possession of applicant. He further submits that submission of learned counsel for applicant based upon deposition of seizure witnesses is subject matter of appreciation by learned Trial Court.

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I have heard learned counsel for the parties.

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Taking into consideration facts and circumstances of the case, nature of allegation, period of pre-trial detention of applicant, submission made by learned counsel for respective parties, without commenting on merits of the case, I am inclined to enlarge the applicant on bail.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that -

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a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

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c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules. Sd/-

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Shayna

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Sd/(Parth Prateem Sahu) Judge

Vishal Mishra Alias Baba v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vishal Mishra Alias Baba v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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