Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31400
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5266 of 2025 Sanju @ Sanjay Maratha S/o Madhukar Rao Maratha Aged About 40 Years R/o Kashiram Nagar, District Raipur C.G. ...Applicant
versus State Of Chhattisgarh Through Ps Telibandha, District Raipur, C.G ... Non-Applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate ( through video-conferencing) For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.07.2025
1. This is the first 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. 817/2024 registered at Police Station Telibandha District - Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.09 14:22:04 +0530
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2. As per the prosecution story, the investigating officer received classified information in perusal of which while conducting raid, he seized 4.200 kg ganja from co-accused and based on their memorandum statement applicant has been prosecuted whereafter the applicant was arrested and produced before the concerned remand court which remanded him to judicial custody. The applicant has been in custody since 14.12.2024 and the fact that the applicant has been remanded to judicial custody makes it apparent that there is no need for custodial interrogation. Hence, the applicant may kindly be enlarged on bail subject to the conditions imposed by this Hon'ble Court. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the entire case of prosecution made against the present applicant is false, baseless and fabricated as the same is based on incorrect facts fabricated by the police authorities and he is in jail since 14.12.2024. He would further submits that the mandatory provisions with regard to search and seizure were not complied and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that though the charge-sheet has been filed in the present case before the competent Court, and the applicant has 12 criminal antecedents, therefore, he is not entitled to be released on bail. 5.
I have heard learned counsel appearing for the parties and perused the case diary. 3
6. Considering the facts and circumstances of the case, the nature and gravity of the offence, the material available in the case diary, and the fact that the applicant has 12 criminal antecedents, including one under the NDPS Act in the year 2024, this Court, without expressing any opinion on the merits of the case and having regard to the seriousness of the allegations against the present applicant, is of the considered opinion that the bail application is liable to be rejected. 7. Accordingly, the bail application of the applicant - Sanju @ Sanjay Maratha , involved in Crime No. 817/2024 registered at Police Station Telibandha, District -Raipur (C.G.), for the offence punishable under Section 20(B) Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-
(Ramesh Sinha)
Chief Justice vaibhav