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2025 DAILYLAW 1234 (CHH)

AJAY JAISWAL v. STATE OF CHHATTISGARH

MCRC/273/2025 · 2025-01-13

body2025

Judgment text

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1 2025:CGHC:2065 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 273 of 2025 Ajay Jaiswal S/o Surendre Jaiswal Aged About 34 Years R/o Village Jhingo, Police Thana - Rajpur, District - Balrampur Ramanujganj Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - Pasta, District Balrampur Ramanujganj Chhattisgarh ---- Non-Applicant For Applicant : Mr. Akath Kumar Yadav, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/01/2025 1. This is the first 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. 35/2024 registered at Police Station Pasta District - Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on 24.04.2024, the Police get a tip off by informer that the one bike hero passion black color KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 bearing vehicle No. CG-15-DP-9457 travelling with concealment of illegal Narcotic Drugs. Upon such basis, the Police have seized 200 Piece of Avil Injection, & IPPL Buprenorohine 200-piece Injection and per piece quantity of 2 M.L. from the possession of the applicant. Thereafter, the aforesaid offence has been registered against him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 24.04.2024. He further submits that there is high possibility of delay in the trial to date four witnesses have been examined and have turned hostile. He further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and the contraband article which have been recovered from the possession of the applicant, is less than commercial quantity and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the quantity of contraband article which has been recovered from the possession of the applicant, is much above the commercial quantity and it cannot be a case of false implication further the applicant has four criminal antecedents out of which one case is under the NDPS Act. Hence the present applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant, is much above the commercial quantity and the applicant has not been able to give an explanation for the same, it cannot be a case of false implication and further the applicant has four criminal antecedents, out of which, one case is under the NDPS Act, thus, this Court does not find a fit case to release the present applicant on bail. 7. Accordingly, the bail application of the applicant –Ajay Jaiswal, filed under Section 483 of the BNSS, involved in Crime No. 35/2024 registered at Police Station-Pasta District - Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act., is rejected. 8. After passing of the order, learned counsel for the applicant submits that the trial be expedited. 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 Kunal