High Court Of ChhattisgarhMCRC/7997/2021rejected

Jiyaul @ Mohammad Haq v. State Of Chhattisgarh

2021-12-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7997 of 2021 Jiyaul @ Mohammad Haq S/o Shri Mohammad, Aged About 34 Years R/o Ocm Chowk, Hindu High School Road, Police Station - City Kotwali, District - Raipur Chhattisgarh -- Applicant

Versus

State of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, District - Raipur Chhattisgarh. --- Respondent For the applicant : Mr. Krishna Kumar Dewangan, Advocate.

For the Respondent : Mr. Ajay Kumrani, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2021

1. This is third bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 165 of 2020 registered at Police Station City Kotwali, District Raipur (C.G) for the offences punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act.

2. The first bail application was dismissed on 19.11.2020 and the second one was dismissed on 11.06.2021.

3. As per the prosecution case, on 14.06.2020 when a raid was conducted, from the possession of the applicant 5 Kgs of contraband Ganja was recovered.

4. Learned counsel for the applicant submits that the applicant is in jail since 14.06.2020, therefore, looking to the quantity of Cannabis, he may be enlarged on bail.

5. Per contra, learned state Counsel opposes the bail application and submits that applicant has previous antecedents. He further submits that as many as 14 cases stood registered against the applicant and out of that, two

cases are of NDSPS Act, therefore, considering the antecedents of the applicant the earlier bail was rejected.

6. A perusal of the rejection order would show that the rejection was primarily on the ground that the applicant has previous antecedents including the offence of NDPS.

7. Considering the previous antecedents on which the earlier bail application was rejected, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE Rao