Shatrughan Singh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2558 of 2021 Shatrughan Singh S/o Shri Mangal Singh Gond Aged About 32 Years R/o Kumhari, Darri, Kothi, Thihaipara, Police Station Pasan, District Korba Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Khadgawan, District Koriya Chhattisarh ---- Respondent For Applicant :

Shri Vijay Kumar Sahu, Advocate For Respondent/State :

Shri Ishwar Jaiswal, Panel Lawyer S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06.08.2021 Heard.

1. The applicant has been arrested in connection with Crime No.269 of 2020 registered at Police Station- Khadgawan, District Koriya (CG) for the alleged commission of offence under Section 20(B) of NDPS Act.

2. Case of the prosecution is that from the possession of the applicant, ganja in the quantity of 3.800 kg. seized from the possession of the applicant.

3. Learned counsel for the applicant would submit that he has been falsely implicated and false seizure has been made and nothing has been seized from the possession of the applicant. He would further submit that the applicant is in jail since 10.10.2020, investigation is complete and chargesheet has been filed and looking to the quantity of ganja alleged to be recovered from the possession of the applicant, the applicant may be granted bail.

4. On the other hand, learned State counsel opposes and submits that prima facie material of seizure is made out against the applicant as seizure has been effected in presence of independent witnesses.

5. Having considered the submission of learned counsel for the parties, taking

-2into consideration that the applicant is in jail since 10.10.2020, investigation is complete, charge-sheet has been filed and the quantity of ganja alleged to be recovered from the possession of the applicant and pre-trial detention, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha