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2025 DAILYLAW 16203 (CHH)

ARVIND SAHU v. STATE OF CHHATTISGARH

MCRC/2708/2025 · 2025-04-07

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Judgment text

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1 2025:CGHC:16203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2708 of 2025 Arvind Sahu S/o Balaram Sahu Aged About 28 Years R/o Bamhani Barela, Jabalpur, District- Jabalpur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Masturi, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 601/2023 registered at Police Station Masturi, District- Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 3. Case of the prosecution, in brief, is that on 05.11.2023, as per secret information received from the informant, the Police of Police Station seized 27 Kgs of Ganja from the joint possession of applicant and co-accused, which were kept in vehicle (car) bearing registration No.MP-20-ZB2074, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 27.03.2024, therefore this second bail application is filed on the ground that since the seizure witnesses have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 05.11.2023, hence, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that from the possession of applicant 27 Kgs of Ganja has been seized, which is much above the commercial quantity, as such, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. 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 27.03.2024 in MCRC No. 1195 of 2024 on the ground that the contraband article seized from the possession of the applicant was much above the 3 commercial quantity, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Arvind Sahu, involved in Crime No. 601/2023 registered at Police Station Masturi, District- 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. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Akhil