Surjo Bhatra Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2024)

Surjo Bhatra Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2024)

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 953 of 2024

Surjo Bhatra S/o Harihar Bhatra, Aged About 40 Years R/o Village Sutipadar, Police Station Kotpad, District : Koraput, Orissa

---- Petitioner

Versus

State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Kotwali, District : Bastar Chhattisgarh

---- Respondent

(Cause Title downloaded from CIS Periphery)

For Applicants Ms. Savita Tiwari, Advocate For Respondent /State Mr. Ashutosh Shukla, Panel Lawyer

SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

8/2/2024

Heard.

This is the third application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.61/2023 registered at Police Station – Kotwali Jagdalpur, District Bastar (CG) for the offence punishable Section 20(B) of the NDPS Act.

The first bail application of the applicant was dismissed as withdrawn with liberty to revive the same after examination of the seizure witnesses vide order dated 21.6.2023 passed in MCRC No.2424/2023.

The second application of the applicant was dismissed on merits vide order dated 24.11.2023 passed in MCRC No.5842/2023.

As per the prosecution story, acting upon a secret information, the

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police authorities caught hold of the applicant and seized 21 Kg Ganja from his illicit possession.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He submits that the seizure witnesses have been examined and they have not supported the case of the prosecution. The applicant is in jail since 23.2.2023. Considering all these aspects, the applicant may be enlarged on bail.

On the other hand, learned counsel for the State opposes the bail application. He submits that the second bail application has been rejected on merits on 24.11.2023 and in the said order, the above aspect with regard to seizure witnesses have been examined. He further submits that there is no material change in the circumstances after the said rejection, therefore, the present is not a fit case to enlarge the applicant on bail.

Having considered the submissions of learned counsel for the parties and particularly considering that the earlier second bail application of the applicant was rejected on merits and further that the trial is in progress and the commercial quantity of contraband has been recovered from him, this Court is not inclined to release the applicant on bail.

Accordingly, the bail application is dismissed. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously . Sd/-

(Deepak Kumar Tiwari)

Judge

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