Harpal Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. CRIMINAL CASE NO. 7410 OF 2018 Harpal Chauhan, S/o Suryabhuwan Chauhan, aged about 33 years, casteGanda, R/o Village- Jenjara, Police Station- Katghora, District Korba (CG) ... Applicant versus State of Chhattisgarh, through Station House Officer, Police StationKatghora, District Korba (CG) ... Respondent For Applicant :

Mr. Dharmesh Shrivastava, Advocate.

For Respondent :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 01/10/2018 1.

The present is a repeat application filed under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 27.4.2018 in connection with Crime No. 135/2018 registered at Police Station - Katghora, District Korba, for the offence punishable under Sections 20(B) of the N.D.P.S. Act.

2.

The earlier bail application stood rejected on 31.8.2018. 3.

The present repeat bail application has been filed by the applicant in the light of the seizure witnesses turning hostile. 4.

The State Counsel opposing the bail application submits that seizure witnesses usually are hostile in the case of the N.D.P.S. Act and the case of the prosecution is always proved by the Investigating Officer's evidence. She further submits that it is not even 6 months that the petitioner has been arrested and considering the quantity of the contraband seized, the applicant does not deserve to get bail.

5.

Having heard the contentions put forth on either side and on perusal of record, particularly taking into consideration the quantity of the

contraband seized and the period of custody undergone, this Court is not inclined to release the applicant on bail at this juncture. 6.

The application for grant of bail accordingly stands rejected. Sd/- (P. Sam Koshy) /sharad/ Judge