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2025 DAILYLAW 27351 (CHH)

G. SAROJINI v. STATE OF CHHATTISGARH

MCRC/4727/2025 · 2025-07-09

body2025

Judgment text

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1 2025:CGHC:32032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4727 of 2025 G. Sarojini W/o Late G. Simaiya Aged About 60 Years R/o Near Ganesh Mandir, Khursipar, PS Chhawani, District Durg Chhattisgarh (As Per Annexure A-1) ... Applicant versus State of Chhattisgarh Through The Police Station Khursipar District Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Pravin Tulsyan, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 171/2024 registered at Police Station Khursipar, District - Durg (C.G.), for the offence punishable under Section 20(b) and 20(C), 29 of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicant being MCRC No. 66 of 2025 was rejected by this Court vide order dated 08.01.2025 on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.15 11:12:05 +0530 2 merits. 3. As per the prosecution’s case, based on secret information received by Police Station Khursipar, District Durg, it was learned that one Pintu Kumar Sahani (co-accused) had purchased contraband ganja and had kept it at the house of the present applicant. Acting on this information, the police conducted a search and seized 32.142 kg of contraband ganja from the possession of the present applicant. The police arrested the applicant and, after due investigation, filed the charge sheet. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits. He submits that the second bail application of the present applicant is being preferred on medical grounds. He submits that the applicant is an elderly lady suffering from various ailments, suffering from various ailments like kidney, heart, urine infection including consistently high blood sugar levels exceeding 400, which has resulted in painful wounds. He submits that the applicant has been in jail since 05.09.2024 and requires immediate medical attention due to her critical condition. He further submits that the government hospitals are not providing proper treatment, and in support of his contentions, medical documents have been annexed with the present bail application. He submits that considering the applicant's medical requirements and age, he prays for the grant of regular bail to the applicant. 5. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the applicant is 3 being provided with medical facilities for her ailment. Further, she was also shifted to DKS Super-specialty Hospital, Raipur, and is being given proper treatment. He further submits that from the possession of the present applicant 32.142 kgs of Ganja was seized, therefore, she is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From perusal of the pleadings, it appears that the applicant's earlier bail application was rejected on merits, the second bail application of the applicant is being preferred on medical grounds, citing that she is suffering from various diseases, such as high blood pressure, diabetes, urinary tract infection, and kidney issues, however, there appears to be no documentary evidence available in support of this contention, furthermore, 32.142 kgs of Ganja was recovered from the possession of the present applicant, and the applicant has failed to provide any explanation regarding the said contraband article. Therefore, considering the quantity of the contraband article, I do not find any good ground for grant of bail, therefore, this second bail application of the present applicant is rejected. 8. Accordingly, the second bail application of the applicant – G. Sarojini, filed under Section 483 of the BNSS involved in Crime No. 171/2024 registered at Police Station Khursipar, District - Durg (C.G.), for the offence punishable under Section 20(b) and 20(C), 29 of Narcotic Drugs and Psychotropic Substances Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to 4 proceed and conclude the trial expeditiously. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek