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2025 DAILYLAW 12180 (CHH)

PRASHANT SULTANIYA v. STATE OF CHHATTISGARH

MCRC/1905/2025 · 2025-03-07

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Judgment text

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1 2025:CGHC:11482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1905 of 2025 Prashant Sultaniya S/o Devnarayan Sultaniya, Aged About 37 Years R/o Ward No. 12, Bhojpur Maholla, Champa, Police Station Champa, District Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Singhoda, District- Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-Applicant/State : Ms. Ankita Singh, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.03.2025 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 65/2024 registered at Police Station - Singhoda, District- Mahasamund, (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicant being MCRC No. 5934 of 2024 was rejected by this Court vide order dated 23.08.2024 on the ground that the applicant has previous criminal antecedents RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 under the NDPS Act. 3. Case of the prosecution, in brief is that the police of Police Station Singhoda, District- Mahasamund, (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 03 Kgs of cannabis from the possession of the present applicant. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against the present applicant. 4. Learned counsel for the applicant submits that, the first bail application of the applicant was rejected by this Court on the ground that the present applicant has only one criminal antecedent with a direction to conclude the trial within a period of 06 months and the applicant is in jail since 10.06.2024. He further submits that as per the status of the trial, only 06 prosecution witnesses have been examined in the case out of total 17 witnesses including one independent witness who has not supported the case of the prosecution. Hence, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that though the first bail application of the applicant was rejected by this Court on the ground that the present applicant has only one criminal antecedent with a direction to conclude the trial within a 3 period of 06 months and the applicant is in jail since 10.06.2024 and as per the status of the trial, only 06 prosecution witnesses have been examined in the case out of total 17 witnesses, but the applicant is already wanted in the case under the NDPS Act, his first bail application was rejected in view of the Section 37 of the NDPS Act, therefore, I am not inclined to grant second bail to the applicant. 8. Accordingly, the bail application of the applicant – Prashant Sultaniya, involved in Crime No. 65/2024 registered at Police Station - Singhoda, District- Mahasamund, (C.G.), for the offence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan