Raja @ Saif Ali v. State Of Chhattisgarh

MCRC No.2802 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2802 of 2021

1. Raja @ Saif Ali S/o Shri Ubaid Ahmad Aged About 23 Years R/o Ward No. 1 Near Hero Honda Show Room Fitter Tola (Wrongly Not Been Mention Fitter Tola In Impugned Order ) Kotma Ps Kotma Disst. Anuppur, Madhya Pradesh ---- Applicant

Versus

1. State Of Chhattisgarh Through SHO Gidhauri (Tundra) Distt. Balodabazar - Bhatapara, Chhattisgarh ---- Respondent For Applicants Mr. Dhirendra Pandey, Advocate For Respondent /State Mr. Sudeep Agrawal, Dy. Adv. General (Proceedings through Video Conferencing) Order on Board By Prashant Kumar Mishra, Ag. CJ 25/6/2021 1.

Heard.

2.

The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.171/2020, registered at Police Station Gidhauri (Tundra) Distt. Balodabazar - Bhatapara, C.G., for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

MCRC No.2802 of 2021 3.

The first bail application was dismissed pursuant to the peremptory order.

4.

Albeit 50 kg. 380 gms. of ganja has been recovered from the vehicle bearing registration No.CG-16-CM-5609 (white colour scorpio Mahindra), the fact remains that the co-accused Mohammad Razzak, who is the registered owner of the vehicle, has been released on bail by this Court in MCRC No.9455 of 2020. The said released accused Mohammad Razzak as well as the present applicant were not present at the spot where recovery has been made. 5.

Considering the fact that similarly placed co-accused has been released on bail and also considering the fact that the applicant is in detention since 7-9-2020, I am of the opinion that present is a fit case to release the applicant on regular bail.

6.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- with two local sureties in the like amount 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.

7.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Gowri