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2022 DIGILAW 89 (CHH)

Ghanshyam Rai v. State of Chhattisgarh

2022-02-15

PARTH PRATEEM SAHU

body2022
JUDGMENT : Parth Prateem Sahu, J. 1. Applicant has filed this third bail application under Section 439 of Cr.P.C. for grant of regular bail as he has been arrested in connection with Crime No. 1/2021 registered at Police Outpost-Surgi, Basantpur, District-Rajnandgaon (C.G.) for the offence punishable under Section 20 (B) of the NDPS Act. 2. Learned counsel for applicant submits that first bail application of the applicant was dismissed as withdrawn on 30.07.2021 with liberty to repeat the prayer for grant of bail after examination of material witnesses. Second bail application of the applicant was dismissed as withdrawn on 9.11.2021 as on the said date, one out of two seizure witnesses was not examined before trial Court, who was examined only on 23.12.2021. 3. Case of prosecution, in brief, is that on 01.01.2021, Police received secret information that some persons are transporting contraband Ganja in a car bearing registration No. MP05/CB/1464. After receiving secret information, Police reached on the informed place, intercepted aforementioned car and during search, received 65 Kgs. of contraband ganja from possession of applicant and two other co-accused persons. Based upon seizure of illicit contraband Ganja from possession of applicant and other co-accused, applicant was arrested on 01.01.2021. 4. Learned counsel for applicant would submit that after rejection of first and second bail application, both seizure witnesses have been examined before trial Court and they have not supported case of prosecution. Applicant was arrested on 1.1.2021. There are as many as sixteen enlisted witnesses, out of which only two witnesses have been examined till 23.12.2021. He further submits that one of co-accused Ravi Yadav has been enlarged on regular bail vide order dated 02.02.2022 passed in MCRC No. 10087 of 2021. Case of applicant is on similar footing. He submits that the trial may take some time, hence, applicant may be released on regular bail. 5. Learned counsel for the State opposes the submission of learned counsel for the applicant and would submit that based on secret information, car on which applicant was travelling was intercepted and applicant along with two other accused persons were found in joint possession of 65 kg of contraband ganja, hence, he is not entitled for grant of bail. 5. Learned counsel for the State opposes the submission of learned counsel for the applicant and would submit that based on secret information, car on which applicant was travelling was intercepted and applicant along with two other accused persons were found in joint possession of 65 kg of contraband ganja, hence, he is not entitled for grant of bail. He also submits that though two prosecution witnesses namely Nageshwar Sahu (PW1) and Krishna Behra (PW2) were examined before the trial Court, there are other witnesses also to the proceedings drawn by the police of recovery etc. Hence, submission of learned counsel for applicant is not correct that material witnesses have been examined. 6. I have heard learned counsel for the parties. 7. Taking into consideration the facts and circumstances of the case, nature of allegations, submission of learned counsel for applicant that seizure witnesses have been examined before trial Court and they have not supported case of prosecution, one of the co-accused Ravi Yadav has been enlarged on regular bail vide order dated 02.02.2022 passed in MCRC No. 10087 of 2021, without commenting anything on merits, I am inclined to allow the bail application. 8. Accordingly, the bail application is allowed. It is directed that applicant shall be released on regular bail upon his furnishing a bail bond in sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the Court on the conditions that:- a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance. b) Applicant shall not, in any manner, tamper with the prosecution witnesses. 9. If the applicant fails to appear before trial Court during trial proceedings, this order of granting bail to applicant shall stand automatically cancelled. Certified copy as per rules.