Sonu Ram Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2276 of 2020 • Sonu Ram Sahu S/o Late Raju Sahu Aged About 20 Years R/o Village- Maya-Bagich Near U.P. School Sambalpur, Police Station-Dhannupali, District- Sambalpuri (Orissa) ---- Applicant
Versus
• State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station G.R.P. Bilaspur, District Bilaspur, Chhattisgarh, ---- Respondent For Applicant : Shri Sanjeev Kumar Sahu, Advocate For Respondent /State : Shri Dinesh Tiwari, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 22/05/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.35/2020 registered at police station GRP Bilaspur, district Bilaspur (CG) for the offence punishable under Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act.
As per prosecution case, on the basis of secret information, the police seized 5 kgs. of ganja from the possession of the applicant. Counsel for the applicant submits that the applicant has been falsely implicated in the case and the mandatory provisions of NDPS Act have not been complied with. He further submits that the seized contraband was less than commercial quantity. He submits that the
applicant is in jail since 25.02.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks' from today. Sd/- (Rajani Dubey) Judge suguna