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2025 DAILYLAW 17345 (CHH)

MOHAMMAD KAIF v. STATE OF CHHATTISGARH

MCRC/3068/2025 · 2025-04-23

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Judgment text

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1 2025:CGHC:18371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3068 of 2025 Mohammad Kaif S/o Sheikh Mohammad Sahab Hanif Aged About 20 Years R/o Kaikadagli Bhingar Nagar, Police Station Bhingar Champ, Ahmed Nagar Maharastra ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Singhoda, District Mahasamund Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Anjali Pradhan, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.04.2025 1. Proceedings of this matter have been taken through video conferending. 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. 87/2023 registered at Police Station Singhoda, District KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Mahasamund (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Singhoda, District Mahasamund (C.G.) seized 40 Kgs of Ganja from the joint possession of applicant and other co-accused persons, which was kept in vehicle bearing Registration No.MH- 12-CY-4778, 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 of the applicant was rejected by this Court on merits vide order dated 27.10.2023, therefore this second bail application is filed on the ground that till date, out of 14 prosecution witness, only 03 have been examined, further charge-sheet has already been filed in the present case and the applicant is in jail since 27.10.2023, hence, she prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the quantity of contraband article seized from the joint possession of applicant and other co-accused persons is more than the commercial quantity, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 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 11.01.2024 in MCRC No. 25 of 2024 on the ground that the contraband article seized from the joint possession of the applicant and other co-accused persons was much above the commercial quantity, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Mohammad Kaif, involved in Crime No. 87/2023 registered at Police Station Singhoda, District Mahasamund (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/- (Ramesh Sinha) CHIEF JUSTICE Kunal