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2025 DAILYLAW 12728 (CHH)

FIROJ KHAN v. STATE OF CHHATTISGARH

MCRC/2394/2025 · 2025-03-26

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Judgment text

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1 2025:CGHC:14603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2394 of 2025 Firoj Khan S/o Laddu Khan Pathan Aged About 41 Years R/o Plot No. 529 Water Tank Jalgaon Road, Phulenagar, P.S. Harsul, District Aurangabad (Maharastra) ... Applicant versus State Of Chhattisgarh Through Thana In-Charge, P.S. Dongaripali, District Sarangarh-Bilaigarh, (Chhattisgarh) ... Respondent For applicant : Shri Rajendra Tripathi, Advocate. For Respondent/State : Ms.Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.03.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.28 19:51:36 +0530 2 7/2024 registered at Police Station Dongaripali, District Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Section 20 (B) of NDPS Act. 2. Case of the prosecution, in brief, is that on 31.01.2024 the Police of Police Station - Dongripali, District - Sarangarh - Bilaigarh (C.G.) had received secret information from the informant and on the basis of the said information conducted a raid and seized 102 kgs of contraband Ganja from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Section 20(B) of the N.D.P.S. Act against the present applicant. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 12/07/2024, therefore this second bail application is filed on the ground that two seizure witness have turned hostile, further charge- sheet has already been filed in the present case, the applicant is in jail since 31/01/2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the possession of applicant 102 kgs of contraband Ganja has been recovered, which is much above the commercial quantity, as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 12/07/2024 in MCRC No. 4764 of 2024 on the ground that the contraband article seized from the possession of the applicant was much above the commercial quantity, further there appears to be no new ground. 7. Accordingly, the second bail application of the applicant- Firoj Khan, involved in Crime No. 7/2024 registered at Police Station Dongaripali, District Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Section 20 (B) of NDPS Act, is rejected at this stage. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri