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2025 DAILYLAW 28586 (CHH)

SHUBHAM VERMA v. STATE OF CHHATTISGARH

MCRC/5168/2025 · 2025-07-24

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Judgment text

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1 / 4 2025:CGHC:36204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5168 of 2025 Shubham Verma S/o Late Shri Abhimanyu Verma Aged About 33 Years R/o Ward No. 9 Chakarbhatha, P.S. Chakarbhatha, District Bilaspur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Vishambhar Prasad Kaushik, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 570/2020 registered at Police Station – Sirgitti, District – Bilaspur (C.G.), for the offence punishable under Section 20(b), 28, 29 of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.28 16:48:18 +0530 2 / 4 Narcotic Drugs and Psychotropic Substances Act,1985. 2. The earlier bail application of the applicant being MCRC No. 167 of 2021 was dismissed for want of prosecution by this Court vide order dated 17.03.2021, on the ground that the present applicant has criminal antecedents. 3. The case of the prosecution, in brief, is that the concerned police station received secret information through the informant that on date of incident, unknown persons have kept illegal contraband ganja and police has seized 2.53 kg. Contraband ganja from place of incident at open place and as a result thereof, police has registered offence punishable under Section 20(b), 28 & 29 of the N.D.P.S. Act against the applicant and other accused person. 4. Learned counsel for the applicant submits that this is the second bail application of the present applicant. He submits that there is no exclusive possession of the seizure memo have not proved by the prosecution as per seizure witnesses and the police has not seized contraband ganja from the possession of the present applicant only on the basis of merely suspicious but the applicant has not committed any aforesaid offences as alleged by the prosecution against him and the contraband ganja is very less quantity for commercial purpose in respect of the present applicant. He further submits that applicant is having minor children and also his wife is having pregnant and if the applicant has not granted bail then the applicant would be faced very difficulties to take care of his whole family members and also to take care of his wife and minor children, and he is in jail since 03.05.2025. Therefore, he prays for enlarging the applicant on regular bail. 3 / 4 5. On the other hand, learned State counsel opposes the bail application of the present applicant 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available in the case diary, it is submitted by the counsel for the applicant that the applicant had been granted default bail and was subsequently released. He further states that the applicant could not appear before the trial Court as he had gone to earn his livelihood, and that he was arrested by the police on 31.05.2025. As regards the status of the trial, it is fixed for framing of charge on 13.08.2025, as per the report of the trial Court dated 07.07.2025. Considering the fact that the applicant had absconded and remained absconding for about four years, and has only recently been arrested, there is every likelihood that if he is granted regular bail, he may abscond again. Therefore, the second bail application of the applicant is liable to be rejected 8. Accordingly, the Second bail application of the applicant – Shubham Verma, involved in Crime No. 570/2020 registered at Police Station – Sirgitti, District – Bilaspur (C.G.), for the offence punishable under Section 20(b), 28, 29 of the Narcotic Drugs and Psychotropic Substances Act,1985, is rejected. 9. 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 further six months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment. 4 / 4 10. 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 vaibhav