Sumit Sen v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8694 of 2021 • Sumit Sen S/o Baijnath @ Baidhnath Aged About 26 Years, R/o Ward No. 16, Adesh Nagar Bara, in back of Pawar Gas Godam Thana Saman, District Rewa (M. P.) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District Mahasamund Chhattisgarh ----Non-applicant For Applicant - Shri Vikash Pradhan, Advocate. For Non-applicant/State - Shri Ravi Bhagat, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 29-11-2021 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is second bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 10-04-2021 in connection with Crime No.25/2021 registered at P.S. - Singhoda, District Mahasamund, Chhattisgarh for the offence under Section 20 (b) of Narcotic Drugs and Psychotropic Substances Act.

2.

It is submitted on behalf of the applicant, that this is second bail application filed by the applicant before this Court. His first bail application MCRC No.7521 of 2021 was dismissed as withdrawn on 24-09-2021. It is submitted that this applicant has been falsely implicated. He is in jail since 1004-2021. The search and seizure witnesses have been examined in the trial and they have not supported the prosecution case. Therefore, it is prayed that the applicant may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application submitting that huge quantity of Ganja was seized from the possession of this applicant. Hence, he is not entitled for grant of bail.

-24.

Heard learned counsel for the parties and perused the case diary. 5.

60 kg. Ganja was seized from the possession of this applicant when the same was being transported in a car.

6.

Considered on the submissions. On perusing certified copy of the depositions of the search and seizure witnesses it is found that they have not supported the prosecution case, hence, looking to this development, I feel inclined to allow this application.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil