Bhakta Kahar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.3388 of 2020 • Bhakta Kahar S/o Jape Kahar Aged About 31 Years R/o Kamhankhula Porobhata, Police Station- Baliguda, DistrictKandhmal, Oddisa ---- Applicant

Versus

• State Of Chhattisgarh Through, Station House Officer, Police Station- G.R.P. Bilaspur, District- Bilaspur, Chhattisgarh ---Non-applicant For Applicant :Mr. Wasim Miyan, Advocate For Non-applicant :Mr. Sunil Otwani, Additional Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/06/2020

1. Proceedings of this matter have been taken up through Video Conferencing from High Court premises at Bodri, Bilaspur (CG).

2. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for release of him on regular bail during trial in connection with Crime No. 38 of 2020, registered at Police Station GRP Bilaspur, Distt. Bilaspur (CG) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. Case of the prosecution, in brief, is that, 06.00 Kg ganja was recovered from the possession of the present applicant and thereby committed the aforesaid offence.

4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has falsely been implicated in crime in question. He is in jail since 29.02.2020 and trial is likely to take time for its conclusion.

5. On the other hand, learned counsel for the State opposes the bail application.

6. I have heard counsel appearing for the parties and perused the case diary.

7. Taking into consideration the facts & circumstances of the case, nature and gravity of offence, pre-trial detention of the applicant and considering that the quantity of narcotic drugs recovered from the applicant is more than small quantity but less than commercial quantity, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

8. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 10.

It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in

view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.3.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Motu Writ Petition (C) No.1/2020), he need not 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 bail bonds earlier, then he will be required to furnish bail bonds.

Sd/- (Sanjay K. Agrawal) JUDGE Bini