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2025 DAILYLAW 33099 (CHH)

HINA PARVEEN v. STATE OF CHHATTISGARH

MCRC/5645/2025 · 2025-07-17

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Judgment text

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1 2025:CGHC:34062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5645 of 2025 Hina Parveen W/o Wasim Khan Aged About 24 Years R/o- Bandhwapara P.S.- Purani Basti, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Purani Basti District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.07.2025 1. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 573/2024 registered at Police Station Purani Basti, District Raipur (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Earlier two bail applications of the applicant was dismissed on merits by this Court vide order dated 17.02.2025 and 11.04.2025 passed in MCRC Nos. 1306/2025 and 2860/2025. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.18 18:45:26 +0530 2 3. Case of the prosecution, in brief, is that on 29.12.2024, the Police of Police Station Purani Basti, Raipur, received information from an informant and on the basis of said information the Police had searched the scene of crime, Khokho Talab Par, Bandhwa Para, and found 5 kilograms of ganja from the possession of the applicant/accused, Heena Parveen, which was packed in a large white polythene bag. Additionally, another co-accused, Bhaktaraj Ghosh, also known as Raja Ghosh, was found with a packet wrapped in yellow tape, containing 5 kilograms of ganja. Thereafter, the offence has been registered against the applicant and co- accused. 4. Learned counsel for the applicant submits that the earlier two bail application was dismissed as withdrawn by the this Court vide order dated 17.02.2025 and 11.04.2025, therefore this third bail application is filed on the ground that the trial is in progress and out of 12 prosecution witnesses, statement of 7 witnesses have been recorded, and all are not supported the case of prosecution story, further the charge-sheet has already been filed and the applicant is in jail since 29.12.2024, hence, he prays for releasing the applicant on regular bail. 5. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has 8 previous criminal antecedents, out of which one is under the NDPS Act of the year 2023 and rest of the cases are under the IPC. Hence, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the above submissions made by the learned counsel for the parties and the fact that out of 12 prosecution witnesses, statement of 7 witnesses have been recorded, further the charge-sheet has already been filed and the applicant is in jail since 29.12.2024 and the trial is in 3 progress, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 8. Accordingly, the third bail application of the applicant- Hina Parveen filed under Section 483 of BNSS, involved Crime No. 573/2024 registered at Police Station Purani Basti, District Raipur (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of three months from the date of receipt of a certified copy of this order, if there is no legal impediment. 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 Preeti