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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3620 of 2022

 Anand Kumar S/o Mahendra Kumar Aged About 19 Years Village

Saidabad Amora, Police Station Handiya District Allahabad Uttar

Pradesh District- Allahabad, Uttar Pradesh

---- Applicant

Versus

 State Of Chhattisgarh Through- Police Station Jagdalpur, District-

Bastar, Chhattisgarh

---- Non-Applicant

For the Applicant

:

Mr. Swajeet Singh Ubeja, Advocate

For Non-Applicant

:

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Sachin Singh Rajput

Order On Board

15.11.2022

1. The applicant has preferred the second bail application under

Section 439 of CrPC for grant of regular bail as he is in jail since

11.01.2021 in connection with Crime No.14/2021 registered at

Police Station- Jagdalpur District- Bastar (C.G.) for the ofence

punishable under Section 20 (B) of the NDPS Act. Earlier his frst

bail application was dismissed as withdrawn with liberty to revive

after examination of the witnesses of search and seizure in MCRC

No.3210 of 2021 vide order dated 29.06.2021.

2. The case of prosecution in brief, is that on the basis of an

information received from an informant Police has seized 21.650

kg Ganja from possession of present applicant and another co-

accused. Thereafter, Police has registered an FIR against the

present applicant.

3. Learned counsel for the applicant submits that the applicant has

not committed any ofence and has been falsely implicated in the

case. He further goes to show that the case of prosecution

basically rested upon the statements of two independent

witnesses who are the independent witnesses of entire

investigation carried out by the prosecution starting from Najri

Naksha (Ex.P-1), Written report (Ex.P-2), Spot Map (Ex.P-3),

Consent for making witness (Ex.P-4), Informant Notice Attestation

Panchnama (Ex.P-5), Notice under Section 50 (Ex.P-6), Self witness

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Force and Vehicle Search Panchnama (Ex.P-7), Search

Panchnama (Ex.P-8), Recovery Panchnama (Ex.P-9), Narcotics

Drug Identifcation Panchnama (Ex.P-10), Scale Verifcation

Panchnama (Ex.P-11), Weight Panchnama (Ex.P-12), Samras

Panchnama (Ex.P-13), Sample Seal Panchnama (Ex.P-14),

Panchnama to reason for arrest of accused (Ex.P-15), Information

regarding arrest of accused to his family members (Ex.P-16) &

(Ex.P-17), Seizure Memo (Ex.P-18), Arrest Memo (Ex.P-19) & (Ex.P-

20), they have not supported the case of prosecution. He submits

that in view of the facts and circumstances of the case there are

reasonable grounds to believe that the applicant is not guilty and

since there is no previous criminal antecedents, this can be safely

assumed that the applicant would not commit crime in future while

on bail. He submits that the condition of Section 37 of NDPS Act

has been satisfed and therefore there is no bar to this Court in

granting bail to the applicant as he is in jail since 11.01.2021. He

further relied upon the judgment of Hon’ble the Supreme Court in

the case of Sanjeet Kumar Singh @ Munna Kumar Singh Vs.

State of Chhattisgarh reported in 2022 SCC Online SC 1117.

4. On the other hand, learned counsel for the State opposes the bail

application and submits that though the seizure witnesses prima-

facie appears to be not supported the case of prosecution, the

conviction can be sustained on the basis of statements of other

Police Ofcials including Investigating Ofcer. He further submits

that in the event of bail, local surety may be asked for and he may

be restrained from leaving the State of Chhattisgarh without prior

permission of trial Court because he belongs to State Uttar

Pradesh for which counsel for the applicant does not object.

5. I have heard learned counsel for the parties and considered their

rival submissions.

6. Considering the facts and circumstances of the case, looking to the

fact that the case of