Sandeep Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4999 of 2018 • Sandeep Tiwari S/o Late Kedarnath Tiwari Aged About 37 Years R/o Tulsipur, Rajnandgaon Police Station City Kotwali, Rajnandgaon Tahsil And District Rajnandgaon Chhattisgarh, ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Purani Bhilai, District Durg Chhattisgarh ---- Respondent For Petitioner Mr. Shikhar Bukhripal, Advocate For Respondent /State Mr. Shashank Thakur, Government Advocate S.B.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 3/8/2018

1. Heard.

2. This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.526/2016, registered at Police Station Purani Bhilai, District Durg (CG) for the offence punishable under Sections 20-B and 27-A of the Narcotic Drugs Psychotropic Substances Act.

3. The applicant is in jail since 8.12.2016 for allegedly possessing illicit Ganja weighing about 13.05 Kg. As a matter of fact, 32.600 Kg of Ganja was recovered from joint possession of this applicant along with co-accused Bhauram Songade and Rajesh

Agarwal.

4. The applicant's first bail application was dismissed on 23.11.2017 with liberty to the applicant to revive his prayer after examination of the seizure witnesses.

5. The seizure witnesses have already been examined, therefore, considering that the applicant is in jail since last more than 1 1⁄2 years, this Court is inclined to release the applicant on regular bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in 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.

7. Certified copy as per rules.

Sd/- Judge (Prashant Kumar Mishra) Shyna