Manas Barik v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7335 of 2021 Manas Barik S/o Shri Bishamber Aged About 37 Years R/o Ward No. 03, Village Memra P.S. And Tehsil Pithora, District Mahasamund Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Pithora, District Mahasamund Chhattisgarh ---- Respondent For Applicant : Mr. Pragalbha Sharma, Advocate For Respondent/State : Mr. R.K. Bhagat, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 26/11/2021 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.49/2021, registered at Police Station - Pithora, District Mahasamund (C.G.) for the offence punishable under Section 20-(B) of N.D.P.S. Act. The first bail application of the applicant M.Cr.C. No. 3544 of 2021 was dismissed as withdrawn vide order dated 07.07.2021 with liberty to file repeat application after examination of search and seizure witnesses. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The witnesses of search and seizure have been examined and they have not supported the prosecution case. Therefore, there is no likelihood of conviction of the applicant in the trial. Hence, it is prayed that the applicant may be released on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the quantity of the contraband seized from applicant is huge and commercial quantity. Further there are other witnesses yet to be examined, therefore, the application be rejected. 4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

As per the prosecution case, 21 Kg Ganja was seized from the possession of the applicant.

6.

Considered on the submissions and also perused the certified copy of the deposition of the witnesses of search and seizure and it is found that they have not supported the prosecution case, for which they have been declared hostile by the prosecutor. Hence, looking to this development in the trial, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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 surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram