Chattisgarh High Court
Surendra Singh Gill @ Sonu vs State Of Chhattisgarh on 21 December, 2023
Author: Ramesh Sinha
Bench: Ramesh Sinha
Neutral Citation
2023:CGHC:33533 1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8765 of 2023
Surendra Singh Gill @ Sonu S/o Balkar Singh Aged About 42 Years
R/o Road No.2, Qtr No. 11/a, Zone 03, Ward No.48, PS Khursipar
Bhilai, District- Durg, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station
Vaishali Nagar, District- Durg, Chhattisgarh.
---- Non-Applicant
(Cause-tile taken from the Case Information System)
For Applicant : Mr. Ankur Diwan, Advocate on behalf of
Mr. Aman Pandey, Advocate.
For Non-Applicant : Mr. Avinash K. Mishra, Government Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
21.12.2023
1.The applicant has preferred this First Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 218/2023, registered at Police Station Vaishali Nagar, District- Durg (C.G.) for the offence punishable under Sections 8 and 21 of the NDPS Act.
2. The prosecution story, in brief, is that on 02.10.2023, the concerned police station has received secret information through informant. On the basis of such information, the police staff reached on spot and search enquiry has been initiated and seized total 110 Alprazolam tablets weighing 13.2 grams and 72 Tramadol tablets weighing 44.64 grams from the possession of accused/applicant. Based on this, Neutral Citation 2023:CGHC:33533 2 offence has been registered against the present applicant.
3. It has been argued by the learned counsel for the applicant that from the possession of the present applicant intermediate quantity of the contraband has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS. It has been further argued that there is no criminal antecedent of NDPS Act or any other criminal case against the present applicant, the trial has not yet commenced and the applicant is in jail since 02.10.2023, hence he prays that the applicant be enlarged on bail.
4. On the other hand, the learned counsel for the State opposes the bail application and admit that the applicant has no criminal antecedents under the NDPS Act or any other nature and charge sheet has been submitted. It is submitted that total 110 Alprazolam tablets weighing 13.2 grams and 72 Tramadol tablets weighing 44.64 grams have been recovered from the possession of the applicant, therefore, his bail application is liable to be dismissed.
5. I have heard learned counsel for the parties and perused the material available on record.
6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of contraband seized from the possession of the applicant i.e. total 110 Alprazolam tablets weighing 13.2 grams and 72 Tramadol tablets weighing 44.64 grams, which is less than commercial quantity, the applicant has no criminal antecedents, charge sheet has been filed and the conclusion of the trial is likely to take sometime, and further that the applicant is in jail Neutral Citation 2023:CGHC:33533 3 since 02.10.2023, I am of the opinion that the applicant is entitled to be released on bail in this case.
7. Let applicant, Surendra Singh Gill @ Sonu, involved in Crime No.218/2023, registered at Police Station Vaishali Nagar, District- Durg (C.G.) for the offence punishable under Sections 8 and 21 of the NDPS Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, Neutral Citation 2023:CGHC:33533 4 before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.
9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice H.L. Sahu