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2025 DAILYLAW 13871 (CHH)

MAMTA BATAM v. STATE OF CHHATTISGARH

MCRC/2378/2025 · 2025-03-26

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Judgment text

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1 2025:CGHC:14604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2378 of 2025 Mamta Batam W/o Shri Ram Singh Batam Aged About 45 Years R/o Near G. C. College, Maharajpur, P.S. Maharajpur, Dist.- Gwalior (M.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S- GRP, Distt.- Bilaspur (C.G.) ... Respondent For Applicant : Shri J.K. Gupta, Advocate. For Respondent/State : Ms. Monika Thakur, 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 19:53:42 +0530 2 65/2024 registered at Police Station P.S. GRP, Dist. Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station GRP, District Bilaspur (C.G.) has received a secret information through the informant and on the basis of such information, the Police has seized a total of 19.780 Kgs of Ganja from the possession of the applicant. Thereafter, the applicant was arrested and the crime has been registered by the police. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 12/07/2024 with a direction to the learned trial court to conclude the trial expeditiously within a period of six months, but the same was not concluded, therefore this second bail application is filed, charge-sheet has already been filed in the present case and the applicant is in jail since 10.05.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that four cases of NDPS Act are pending against the applicant, which shows that the applicant is a habitual offender, as such, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail 3 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. 4590 of 2024 on the ground that the applicant had 4 criminal antecedents out of which two were under the NDPS, which shows that the applicant is a habitual offender. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the second bail application of the applicant- Mamta Batam involved in Crime No. 65/2024 registered at Police Station P.S. GRP, Dist. Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri