Chattisgarh High Court
Prince Kumar Gupta vs State Of Chhattisgarh on 26 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2958 of 2022
Sudhir Thakur S/o Late Ranbir Thakur Aged About 32 Years
R/o Pratappur , Ward No. 4, Police Station and Tahsil
Pratappur, District Surajpur Chhattisgarh.
--- Petitioner
Versus
State of Chhattisgarh through Station House Officer, Police of
Police Station Pratappur , District Surajpur Chhattisgarh.
--- Respondent
For the applicant : Mr. Anil Gulati, Advocate. For the Respondent : Mr. Asha, Panel Lawyer MCRC No. 3547 of 2022
1. Prince Kumar Gupta S/o Late Shankar Prasad Gupta Aged About 38 Years R/o - Village - Pratappur, Tahsil - Pratappur, District - Surajpur Chhattisgarh.
2. Sudarshan @ Gorakh S/o Jairam Sharma Aged About 40 Years R/o - Village - Pratappur (Babapara), P.S. - Pratappur, District - Surajpur Chhattisgarh.
--- Applicants Versus State of Chhattisgarh through the S.H.O. Police Station Pratappur, District - Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh --- Respondent For the applicants : Mr. Gyan Prakash Shukla, Advocate. For the Respondent : Mr. Asha, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 26 .04.2022
1. These are two second bail applications filed under section 439 of the Code of Criminal Procedure for grant of bail to the applicants in connection with Crime No.217/2021 registered 2 at Police Station Pratappur, District Surajpur (C.G) for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Since both the bail applications are relating to the same crime number, they are disposed of by this common order.
3. As per the prosecution case, on receipt of information on 30.09.2021 that some persons were waiting for customers to sell the intoxicated cough syrup at a particular place, a raid was conducted by the police and in such raid, 15 corex syrup bottles each containing 100 ml were seized from applicant Sudhir Thakur and 6-6 bottles were seized from applicants Prince Kumar Gupta and Sudarshan @ Gorakh respectively thereby total 27 ESKUF cough syrup bottles containing 2700 ml was seized from them.
4. Learned counsel for the applicants submits that the earlier bail application was dismissed on 17.01.2022 as withdrawn reserving the liberty to file afresh after examination of the seizure witnesses and by now, the two seizure wittinesses Ayyappa Naidu and Krishna Kant Sharma have been examined and they have not supported the case of prosecution, therefore, the applicants have been falsely implicated in this case. He further submits that the applicants are in jail since 30.09.2021, charge sheet has been filed and no further investigation is necessary, therefore, the applicants may be enlarged on bail.
5. Per contra, learned State Counsel opposes the bail.
However, he does not dispute the fact that both the seizure witnesses are not able to support the case of prosecution.
6. Considering the fact that the seizure witnesses have not 3 supported the seizure of the intoxicated material and further looking to the custody period of the applicants, without any further observation on merits of the case, I am inclined to allow the bail applications.
7. Accordingly the bail applications are allowed and the applicants Sudhir Thakur, Prince Kumar Gupta & Sudarshan @ Gorakh are directed to be released on bail on each of them furnishing a bail bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the trial Court for their appearance before the said Court as and when directed.
Cc as per rules.
Sd/-
GOUTAM BHADURI JUDGE Rao