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2025 DAILYLAW 33471 (CHH)

NAMIRA PARVIN v. STATE OF CHHATTISGARH

MCRC/5516/2025 · 2025-07-14

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:32839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5516 of 2025 • Namira Parvin D/o Shabbir Khan Aged About 22 Years R/o Aga Mehandi Street Park, Kolkata (West Bengal). ... Applicant. versus 1 - State Of Chhattisgarh Through Police Station - Ambikapur, District - Surguja Chhattisgarh ... Respondent(s). For Applicant : Shri Abhinav Dubey, Advocate. For State : Shri Sanjeev Pandey, Deputy Advocate General. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 15/07/2025 1. This is the fourth application filed under Section 483 of the BNSS Act, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.111/2023 registered at Police Station Ambikapur, District Surguja (C.G) for the offence under Section 20 (c) of the NDPS Act. 2. The first bail application of the applicant was dismissed as withdrawn vide order dated 14.06.2023 passed in MCRC No.2130/2023 with liberty to AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.07.15 14:48:37 +0530 2 repeat the prayer after examination of the seizure witnesses. The second bail application of the applicant was rejected on merits vide order dated 15.01.2024 passed in MCRC No.6304/2023. The third bail application of the applicant was dismissed on merits with a direction to the trial Court to conclude the trial expeditiously vide order dated 19.07.2024 passed in MCRC No.5117/2024. 3. Prosecution case in brief is that on 08.02.2023 police Authority, on the basis of secret information that four persons at bus stand, Ambikapur possessing illicit contraband Ganja are waiting for the customers, apprehended the accused persons and from possession of each accused persons, about 7 Kilograms Ganja was recovered separately from their bags, and from the possession of present applicant, 7.150 kilograms Ganja was recovered. 4. Learned counsel for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. He submits that though earlier a direction has been given for expeditious trial, however, the trial has not yet been concluded, which can take considerable amount of time. He further submits that material witnesses who have been examined have not supported the case of prosecution and further draws attention of this Court towards statement of witness namely Suresh Verma (PW-1), wherein, he has deposed that he has signed the said papers under the influence of Police at the police station. Similarly, seizure witnesses who are auto drivers (PW-6 & PW-7) have also not supported the case of prosecution. Learned counsel also submits that applicant is behind the bars since 08.02.2023 for more than 2 years and applicant also has a 2 year old daughter who needs care and attention. Moreover, applicant is also in need 3 of medical care, prescription slip has been annexed. Considering the backdrop, applicant may be enlarged on bail. 5. Learned State counsel would oppose the submission and would submit that trial is in progress. 6. Having considered the submission, particularly considering the fact that despite direction of this Court for expeditious trial, the trial has not yet been concluded and applicant is behind the bars for more than 2 years, further considering that from each accused separately, 7 kilograms Ganja has been recovered, therefore, considering all the aspects, I am inclined to grant bail. 7. Accordingly, the Application is allowed and the applicant is directed to be released on bail on the following conditions:- • The applicant shall execute a personal bond for a sum of Rs.25,000/- with 01 surety for the like amount to the satisfaction of the trial Court. • The applicant shall appear before the trial Court on each and every date given by the said Court. • The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. • The applicant and the surety shall submit a copy of their Adhaar Card along with a coloured postcard full size photo having printed the Adhaar number on it, which shall be verified by the trial Court. • The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 • The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Deepak Kumar Tiwari) Judge Avinash