High Court Of ChhattisgarhMCRC/3942/2018allowed

Shyam Babu Singh v. State Of Chhattisgarh

2018-06-01Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3942 of 2018 • Shyam Babu Singh S/o Shambhu Singh Aged About 35 Years R/o Village Bakhorapur, Lohatagiya Tola, Post Bakhorapur, Police Station Badahara, District Bhojpur Ara, Bihar CG ----Applicant

Versus

• State of Chhattisgarh Through Police Station Kondagaon, District Kondagaon, Chhattisgarh ---- Respondent For Applicant :

Shri Shobhit Koshta, Advocate For Respondent/State :

Shri Sanjeev Pandey, GA for the State Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 01/06/2018

1. This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 16.11.2016 in connection with Crime No. 259/2016 registered at Police Station Kondagaon, District Kondagaon, C.G. for the offence punishable under Section 20 (B) (ii) (c) of the NDPS Act.

2. The First Bail application bearing M.Cr.C. No.483 of 2018 was dismissed as withdrawn on 21.03.2018.

3. As per the prosecution case, 100.51KG ganja was seized from a car bearing registration No.HR 26 Z 4282, which was occupied by this applicant and other co-accused person. Thereby the offence has been committed.

4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the

applicant is in jail since 15.11.2016 and the trial is getting delayed as out of 17 witnesses only 6 have been examined till date. He further submits that the co-accused person namely Chandan Thakur has been granted bail by this Court in M.Cr.C. No.2239/2018 on 09.05.2018, therefore, the applicant may also be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the fact that the co-accused person has been granted bail by this Court on the ground of delay in trial and the applicant is in jail since 16.11.2016 and has suffered more than 1 & 1⁄2 years of jail sentence, 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 his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum 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.

Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Ashu