Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23408
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4069 of 2025 Monis Qureshi S/o Chand Qureshi Aged About 24 Years R/o Pichokra, P.S. - Bnoli, District - Bhagpath (U.P.), Present Address - Santoshi Nagar Khala Ki Kiraye Ka Makan, P.S.- Tikrapara, District - Raipur (C.G.), (Proper Address)
... Applicant(s) versus State Of Chhattisgarh Through - The Police Station - Ganj, District - Raipur (C.G.)
... Respondent(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06.2025
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. 28/2024 registered at Police Station Ganj, District - Raipur (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
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2. Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station Ganj, District – Raipur (C.G.) seized 1 quintal 15 Kgs of of contraband article i.e. Ganja from the possession of applicant, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 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 23.04.2024, 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 15.01.2024, 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 from the possession of applicant 1 quintal 15 Kgs of 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. 6.
Considering the above submissions made by learned counsel for the parties, as the seizure witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. 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 23.04.2024 in MCRC No. 2705 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 good ground. 8. Accordingly, the second bail application of the applicant- Monis Qureshi, involved in Crime No. 28/2024 registered at Police Station Ganj, District - Raipur (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. Office 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