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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.9603 of 2024 ---- Sanatan Gorain Gorain aged about 47 years, S/o Late Dasrath Gorain, Resident of Village – banskuli, P.O. + P.S. – Tongra, District – Dumka, Jharkhand.
…. …. Petitioner(s)/Applicant(s) Versus
The State of Jharkhand
…. …. Opposite Party ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Petitioner(s)/Applicant(s) : Mr. S.P. Roy, Adv.
For the State
: Mr. Subodh Kr. Dubey, A.P.P.
----
03/Dated: 14th January, 2025
1. Heard learned counsel for the applicant and learned counsel for the State.
2. The applicant who is in custody since 23.04.2022 has renewed his prayer for grant of regular bail in connection with Tongra P.S. Case No.08 of 2022 corresponding to N.D.P.S. Case No.04 of 2022, registered for the offence under Sections 20(II) and 22 of the N.D.P.S. Act [Charge has been taken u/s 20(b)(II)(c) of N.D.P.S. Act], pending in the court of learned District & Additional Sessions Judge-I, Dumka.
3. It appears that earlier the prayer for bail of the applicant has been rejected by this Court vide order dated 27.02.2023 in B.A. No.12465 of 2022. It further appears commercial quantity of ganja i.e. 34kgs. has been recovered from the house of this applicant.
4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.
5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that the applicant is in custody since 23.04.2022 but only five witnesses have been examined till date. On the above basis, prayer for bail has been made.
6.
Learned counsel for the State has opposed the prayer for bail.
7. From perusal of the report, it appears that till date only five witnesses have been examined and the independent witnesses have been declared hostile. Thus, now the case has travelled from Section 37 of the NDPS Act to Article 21 of the Constitution of India.
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B.A. No.9603 of 2024
8. Considering the period of custody and the stage of the trial, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-I, Dumka in connection with Tongra P.S. Case No.08 of 2022 corresponding to N.D.P.S. Case No.04 of 2022, subject to condition that the applicant(s) will submit self-attested photocopy/photocopies of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.) Amar/- Uploaded