Chattisgarh High Court
G. Ganeshan @ G. Sannmukha vs State Of Chhattisgarh on 6 January, 2023
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C No. 9766 of 2022
1. G. Ganeshan @ G. Sannmukha S/o G. Goura Aged About 26 Years R/o
Chidananda Sahi, N.A.C., Malkangiri, (Orrisa).
2. Kedar Nath Sabar S/o. Vijay Kumar Sabar, Aged About 26 Years R/o. Talasahi
In Front of Fisheries Office Malkangiri (Odisha).
---- Applicants
Versus
State of Chhattisgarh Through The Police Station Darbha District Bastar
(Chhattisgarh).
--- Respondent
For Applicants : Mr. PK Tulsiyan, Advocate
For Respondent/State : Mr. Ravi Bhagat, Dy. GA.
Hon'ble Shri Justice Parth Prateem Sahu
Order on Board
06/01/2023
1. This is Second Bail application of applicant filed under Section 439 of the Code of Criminal Procedure. First application was dismissed as withdrawn vide order dated 11.05.2022 in M.Cr.C No.3029/2022 with liberty to repeat prayer after examination of seizure witnesses.
2. Applicants are in jail since 02.01.2022 in connection with Crime No.01/2022 registered at PS -Darbha, District Bastar, (C.G.), for commission of offence punishable under Sections 20(B) (II-c) of NDPS Act.
3. Case of prosecution, in brief, is that on 02.01.2022 Police based on information of one vehicle bearing registration No.OD/30/C/5553 turned turtle near village Chhindawara, Junapara West, reached on spot and during search, seized 144.820 kg contraband (Ganja) from the said vehicle. Based upon seizure, aforementioned crime was registered against applicants and they were arrested.
4. Learned counsel for applicants submits that applicants have been falsely implicated in the crime. After withdrawal of first bail application, seizure witnesses Yogendra Kumar, Chaituram Naag, Vijay Vaish and Samaruram Naag were examined before the trial Court, they have not supported case of prosecution. Deposition sheets are annexed alongwith bail application as 2 Annexure P-3. He further contended that though first witness was examined before trial Court on 19.09.2022 but till date as per his information out of 21 enlisted witnesses only 04 witnesses have been examined. Other witnesses are not turning up. Applicants are in jail since 02.01.2022, hence, they may be released on bail.
5. Learned State Counsel opposes submission of learned counsel for applicants would submit that 144.820 kg contraband (Ganja) was seized from the vehicle itself, hence, they are not entitled for grant of bail. As per documents available on record, police official who seized the contraband Ganja in Court statement has stated this fact. He contended that applicants are resident of State of Orrisa, hence, there is apprehension that they will abscond after releasing on bail. However, he submits that evidence of witnesses are to be appreciated by trial Court.
6. Heard learned counsel for the parties.
7. Considering entire facts and circumstances of case, nature of allegations, submission of counsel for applicants based on Annexure P-3 that seizure witnesses are examined before trial Court they have not supported case of prosecution, out of 21 enlisted witnesses only 04 witnesses are examined before trial Court till date, detention period of applicants, without commenting anything on merits of the case, I am inclined to allow bail application.
8. Accordingly, bail application is allowed. It is directed that applicants shall be released on regular bail, on their furnishing a bail bond in sum of Rs.50,000/- with one local surety in like sum to satisfaction of concerned Court on the conditions that-
a) Applicants shall appear before Trial Court regularly on each and every date, unless exempted from appearance.
b) They shall not, in any manner, tamper with the prosecution witnesses.
c) If they are found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge J/-