Order on Board

11.08.2023

1) Since both these bail applications are arising out of same Crime number, therefore, both the matters are heard together and decided finally by this common order.

2) Earlier, the first bail applications preferred under Section 439 CrPC for grant of regular bail were dismissed as withdrawn by this Court vide orders dated 03.08.2022 & 04.08.2022 passed in MCRC Nos. 5244/2022 & 5907 of 2022, and second bail applications were dismissed on merits by this Court vide orders dated 06.01.2023 & 03.12.2022 passed in MCRC Nos.

10230/2022 & 10089/2022.

3) The applicants have preferred these Third Bail Applications under Section 439 of Code of Criminal Procedure, 1973 in connection with Crime No.73/2022, registered at Police Station Bagbahara, District Mahasamund (C.G.) for the offence punishable under Sections 20-B of the NDPS Act.

4) The prosecution story, in brief, is that on April 22, 2022, around 12:10 am, upon receipt of a secret information, the police conducted a raid at the Pithoura Chowk and seized 25 kg of Ganja from four accused persons and arrested them. Subsequent to this, a thorough investigation was conducted, and the final report was submitted before the competent Court.

5) Learned counsel for the applicants would submit that applicants are in jail from 22.04.2022 the trial is in progress, statements of seizure witnesses- Baliram Gupta (PW/4) & Kamal Yadav (PW/5), and weighing witness - Hiralal Tandon (PW/6) have been recorded before the learned trial Court and they have not supported the prosecution case. She would further submit that the similarly situated co-accused person namely Lalchand Aaswani, has already been granted bail by this Court in MCRC No. 3871 of 2023 on

23.06.2023, therefore, they may be enlarged on bail.

6) On the other hand, learned counsel for the State would oppose the bail application and submit that from the possession of the applicants commercial quantity of contraband was seized, therefore, no case for grant of bail is made out.

7) I have heard learned counsel for the parties and perused the case diary.

8) Considering the fact that the present applicant is in jail since

22.04.2022, and trial is in progress, similarly situated co- accused person- Lalchand Aaswani has already been granted regular bail by this Court; the fact that seizure witnesses- Baliram Gupta (PW/4) & Kamal Yadav (PW/5), and weighing witness - Hiralal Tandon (PW/6) have not supported the prosecution case, I am inclined to allow the bail application, accordingly bail application is allowed.

9) It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail, on following conditions :-

(i) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial, (iv) they shall not involve themselves in any offence of similar nature in future.

It is made clear that the observation made hereinabove is for the purpose of deciding this bail applications only, the learned trial Court shall decide the case on its own merits.