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Judgment
The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 153/2026, registered at Police Station Sariya, District : Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 20(B) and 29 of NDPS Act.
Case of the prosecution, in brief is that on the basis of information given by the informer, police of Police Station Sariya intercepted a motorcycle and seized 3.065 kg of Ganja from the possession of Suraj Dewangan. It is further alleged that the said co-accused person has implicated the present applicant in his memorandum statement, and on such basis, the present applicant was arrested on 19.07.2026.
Learned counsel for the applicant submits that afore-stated quantity of Ganja has not been seized from the possession of the present applicant and he has been implicated solely on the basis of memorandum statement of the co-accused person. She further submits that charge-sheet been filed and the contraband article is less than commercial quantity. She also submits that applicant has no criminal antecedents but he is in jail since 19.07.2026 and conclusion of trial is likely to take time, therefore instant bail application may kindly be allowed.
On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that contraband article i.e. 3.650 Kgs of Ganja was seized from the co-accused, who has implicated the present applicant in the present case, therefore, applicant is not entitled for grant of regular bail.
I have heard learned counsel for the parties and perused the case diary.
It appears that applicant has been implicated solely on the basis of memorandum statement of the co-accused persons. Moreover, the present applicant has no previous criminal antecedents. Also considering the fact that the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 19.07.2026, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall make himself available for interrogation by the police officer as and when required;
(b)he 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; and
he shall not act in any manner which will be prejudicial to a fair and expeditious trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.