Sathish Kumar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4127 of 2019 Sathish Kumar S/o Heera Singh Aged About 42 Years R/o House No. D 206, Sector 15a, Village Ajronda, Thana Sector 12, District Faridabad (Haryana), District- Faridabad, Haryana ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station - Sankara, District - Mahasamund Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Vikash Pradhan, Advocate.

For Non-applicant/State :

Mr. Arun Shukla, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-06-2019 Heard.

Admit.

1. This is second application for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 110 of 2017, registered at Police Station- Sankara, District- Mahasamund (C.G.) for the offence punishable under Section 20 (b) of Narcotic Drugs Psychotropic Substance Act.

2. The applicant was earlier granted bail by this Court vide order dated 14.08.2018 passed in M.Cr.C. No. 5235/2018. Subsequent to that, he was on bail before the trial Court. However, he committed default in appearance before the Court below on 30.04.2019. Therefore, his bail bonds has been forfeited and the warrant of arrest was issued against him and the other co-accused persons.

3. The applicant has himself surrendered before the Court on 06.05.2019 and prayed for regular bail which has been dismissed by the Court

-2below. It is prayed that as the other co-accused is absconding, therefore, there is all likelihood of delay in conclusion of the trial, hence, the applicant be granted regular bail on his second application.

4. Learned counsel for the State opposes the application and submits that the applicant has already jumped the bail and the case is near completion. Therefore, the application be rejected.

5. The applicant is one of the accused out of the three accused persons who are being tried before the Court below and rest of the accused have not surrendered before the Court so far, neither they have been arrested. Hence, looking to the circumstances, it appears that there is all likelihood that it will take some time before the rest of the accused persons are arrested and brought before the court for final disposal of the case. Therefore, on this ground alone, I feel inclined to allow this application.

6. Hence, the application is allowed at the motion stage.

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

Sd/- (Rajendra Chandra Singh Samant) Judge Monika