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2025 DAILYLAW 25331 (CHH)

DIPAK KUMAR BHARTI v. STATE OF CHHATTISGARH

MCRC/4245/2025 · 2025-06-11

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Judgment text

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1 2025:CGHC:23449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4245 of 2025 Dipak Kumar Bharti S/o Rajendra Ram Bharti Aged About 22 Years R/o Bhagwanpura P.S. Bhitaha District West Champaran (Bihar) ... Applicant versus State Of Chhattisgarh Through -The Police Station Ganj, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.06.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.244/2024, registered at Police Station- Ganj, District – Raipur (C.G.) for the offences punishable under Section 20(B)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Ganj, District – Raipur (C.G.) has received a secret information through the informant and on the basis of such information, the Police has seized a total of 25.360 Kgs of Ganja from the possession of the present RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant. Thereafter, the applicant was arrested and the crime has been registered by the Police. 3. First bail application of the applicant was rejected by this Court vide order dated 03.01.2025 passed in MCRC No. 7760/2024, on the ground that the contraband article seized from the possession of the applicant is more than the commercial quantity. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant is in jail since 17.06.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 25.360 Kgs of Ganja has been seized from the possession of the present applicant which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, this second bail application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact that though the seizure witnesses have been examined and turned hostile in the present case, but the quantity of contraband article seized from the possession of the applicant i.e. 25.360 Kgs of Ganja, is much above the commercial quantity, and the charge- sheet has been filed in this case, and no new ground has been raised by the counsel for the applicant in the instant second bail application, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 3 8. Accordingly, the Second bail application of applicant – Dipak Kumar Bharti involved in Crime No.244/2024, registered at Police Station- Ganj, District – Raipur (C.G.) for the offences punishable under Section 20(B)(ii)(c) of the NDPS Act, 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. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar