Govind Kshatriya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4208 of 2020

1. Govind Kshatriya S/o Late Shri Purandhar Kshatriya, Aged About 50 Years R/o In Hut Situated At Side Of Quarter No. 121, Tata Line, Camp-2 Power House Bhilai, P.S. Chhawni, District Durg Chhattisgarh.

2. Sonu Thakur, S/o Tulsi Thakur, Aged About 30 Years R/o Rajiv Nagar, Supela, P.S. Supela, District Durg Chhattisgarh., ---- Applicants

Versus

• State Of Chhattisgarh Through P.S. Khallari, District Mahasamund Chhattisgarh.

---Non-applicant For Applicants : Smt. Kiran Jain, Advocate For Non-applicant : Shri Rahul Jha, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 20.7.2020.

1.

Proceedings of this matter have been taken up through Video Conferencing.

2.

The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for release of them on regular bail during trial in connection with Crime No. 72 of 2020, registered at Police Station Khallari, Distt. Mahasamund (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, 12.00 Kg ganja was recovered from the possession of the present applicants and another co-accused and thereby committed the aforesaid offence. 4.

Learned counsel for the applicants submits that the applicants have not committed any offence and they have falsely been implicated in crime in question. They are in jail since 25.4.2020 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 quantity of narcotic drugs recovered from the applicants is more than small quantity but less than the 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 applicants shall be released on bail on each of them 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 their appearance as and when directed.

10.

It is made clear that if the applicants have 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), they 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 they have not furnished bail bonds earlier, then they will be required to furnish bail bonds. Sd/- (Sanjay K. Agrawal) JUDGE Bini