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2025 DAILYLAW 31723 (CHH)

KHILESHWAR KAUSHIK v. STATE OF CHHATTISGARH

MCRC/5524/2025 · 2025-07-20

Shri Sachin Singh Rajput

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr. C. No. 5524 of 2025 Khileshwar Kaushik, S/o Ramjharokha, aged about 38 Years, R/o Village Kuvan, Police Station And Tahsil Takhatpur, District Bilaspur (Chhattisgarh) ---- Applicant (In Jail) Versus State of Chhattisgarh Through The Station House Officer Police Station Sirgitti, District Bilaspur (Chhattisgarh) ---- Respondent For Appellant : Shri Alok Nigam, Advocate appeared on behalf of Shri D.C. Verma, Advocate. For Respondent/State : Shri Rahul Tamaskar, G.A.. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 21 /07/2025 1. The applicant has preferred this third bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant as he is in custody since 09/06/2025 in connection with Crime No. 241/2022 registered at Police Station – Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Section 20 (B) of NDPS Act, The first bail application was allowed by this Court in M.Cr.C. No. 5978/2022 vide order dated 23/09/2022 for a limited period. Thereafter, the second bail application was allowed by this Court in M.Cr.C. No. 1142/2023 vide order dated 03/05/2023. 2. Learned counsel for the applicant submits that the applicant was released on bail he was regularly appearing before the trial Court. However on 11/12/2024 he could not appear before the learned trial Court as he had gone to Hyderabad for treatment of his relative urgently and there was miss- communication between him and his Advocate. Therefore, non-bailable was issued against the applicant. On 09/06/2025, the applicant appeared before the learned trial Court and filed an application under Section 72 (2) of the ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.07.21 18:45:08 +0530 -2- B.N.N.S. Act, 2023 for cancellation of non-bailable warrant issued against him. The said application was dismissed and the applicant was sent to jail. Against that order, he had preferred a Cr.M.P. No.1215/2025 which was withdrawn by him on 07/04/2025, therefore, this application may be allowed. 3. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant fail to appear before the trial Court as directed by this Court while granting granting him bail. 4. I have heard learned counsel for the parties and perused the case diary. 5. Be that as it may, considering the facts and circumstances of the case and also considering that the applicant was earlier granted by this Court, trial is likely to take sometime, I am inclined to allow this bail application. 6. Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the Court on the conditions that- a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) The applicant shall not, in any manner, tamper with the prosecution witness. c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail. . 7. The trial is pending since the year, 2022, therefore, it is expected that the learned trial Court shall complete the trial expeditiously without any unneccessarly delay, 8. Certified copy as per rules. Sd/- Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish