High Court Of ChhattisgarhMCRC/4851/2021allowed

Santosh Parihaar v. State Of Chhattisgarh

2021-08-19Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4851 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4851 of 2021 • Santosh Parihaar S/o Netlal Aged About 48 Years R/o Village Korni, Post Satona, Police Station Ravanbadi District Gondia Maharastra ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kotwali, District Bastar At Jagdalpur Chhattisgarh ---- Respondent For Applicant :- Mr. Krishna Kumar Khatri, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.

Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 19/08/2021

1. The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.315/2020 registered in Police Station Kotwali, District Bastar, Jagdalpur C.G. for the offence punishable under Section 20 (ख) of the NDPS Act.

2. Earlier, the first bail application was dismissed with direction to the trial Court to expedite the trial.

3. Present applicant along with co-accused Santram were found in

MCRC No. 4851 of 2021 illicit possession of 21 kg and 240 gram of cannabis (ganja).

4. Learned counsel for the applicant submits that applicant is in jail since 10.7.2020 and two persons held liable for joint possession of the entire quantity of the contraband. He would also submit that till date only one witness has been examined before the trial Court.

5. Learned State counsel would oppose the prayer for grant of bail, however, he would submit that the concerned SHO has not reported any previous criminal antecedent of the present applicant.

6. Considering that the applicant is in jail since last more than one year and one month and entire commercial quantity has allegedly been recovered from two accused persons, I am inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for 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. Certified copy as per rules.

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