Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16465
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2790 of 2025 Ankit Kushwaha S/o Ravindrnath Kushwaha Aged About 24 Years R/o Ward No. 14 Ramanujganj, Thana- Ramanujganj, District- Balrampur Ramanujganj Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station - Ramanujganj, District- Balrampur Ramanujganj Chhattisgarh. ... Respondent For applicant : Shri Navneet Kumar Yadav, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025
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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.14 12:43:21 +0530
2 to the applicant who has been arrested in connection with Crime No. 185/2024 registered at Police Station, Ramanujganj, District- Balrampur Ramanujganj (C.G.) for the offence punishable under Section 21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that on 17.10.2024, the Police got secret information from the informer that one bike pulsar black blue color accused are travelling with concealment of illegal Narcotic Drugs, upon such basis, the Police of Police Station Ramanujganj have seized 99 Pieces of Pheniramine Maleate Injection I.P Avil, & Buprenorohine Injection I.P Talgesic 89 pieces and per piece quantity of 2 M.L. total 188 pieces in bag from the possession of the co-accused and on the basis of memorandum statement of co-accused, the present applicant has been implicated as accused in this case and case is registered as crime No 185/2024 for the offence punishable 21(C) Narcotic Drugs & Psychotropic Substarice Act 1985. 4. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 08/01/2025, therefore this second bail application is filed on the ground that seizure witnesses have turned hostile, further charge- sheet has already been filed in the present case, the applicant is in jail since 04/12/2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail
3 application. 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 on merits by this Court vide order dated 08/01/2025 in MCRC No.112/2025. Only ground which has been raised in this second bail application is that seizure witnesses have turned hostile which cannot be a ground to entertain this second bail application. 8. Accordingly, the second bail application of the applicant- Ankit Kushwaha, involved in Crime No. 185/2024 registered at Police Station, Ramanujganj, District- Balrampur Ramanujganj (C.G.) for the offence punishable under Section 21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 9. 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 forthwith. and vide a certified copy of this order to the trial Court concerned for necessary information and co Sd/-ce say that the tr
(Ramesh Sinha)
CHIEF JUSTICE gouri