Chattisgarh High Court
Bharat Ambale vs State Of Chhattisgarh on 14 January, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No.7516 of 2021
• Bharat Ambale, S/o Bhau Saheb, Aged About 21 Years, R/o Village
Tekvadi, Thana Jejuri, District Pune (Maharastra)
---- Applicant
Versus
• State of Chhattisgarh Through Station House Officer, Police Station
Mahasamund, District Mahasamund, Chhattisgarh
---- Respondent
For Applicant Mr. Vikas Pradhan, Advocate For Respondent Mr. Sanjay Pathak, PL Hon'ble Justice Smt. Rajani Dubey Order On Board Proceeding through Video Conferencing 14/01/2022
1. The applicant has preferred this second bail application under Section 439 of Criminal Procedure Code for grant of regular bail, as he has been arrested in connection with Crime No.374/2017, registered at Police Station Mahasamund, District Mahasamund (C.G.) for the offence punishable under Section 20 (b) of the NDPS Act, 1985.
2. The first bail application of the applicant was dismissed as withdrawn vide order dated 08.12.2020 in MCRC No.1911/2020.
3. The prosecution story, in brief, is that 150 kgs illegal ganja was recovered from the possession of the applicant, thereby the applicant committed the offence.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the memorandum and seizure witnesses have not supported the prosecution case and have turned hostile. The applicant is in jail since 15.07.2017 and there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.
5. On the other hand, learned State counsel opposes the bail application.
6. I have heard learned counsel for the parties and perused the case diary.
7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail.
8. Accordingly, the second bail application is allowed. The applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the Trial Court. He is directed to appear before the Higher Court on each and every date given to him by the said Court.
Sd/-
(Rajani Dubey) Judge Nirala