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2025 DAILYLAW 35810 (CHH)

SHARAN TANDIA v. STATE OF CHHATTISGARH

MCRC/5897/2025 · 2025-07-29

body2025

Judgment text

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1 2025:CGHC:37363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5897 of 2025 1 - Sharan Tandia S/o Sanatan Tandia Aged About 30 Years Caste Gond, R/o Rajpur- High School, Police Station Sadar Sundergarh, District - Sundergarh, Orrisa. 2 - Susant Badhai S/o Late Satynarayan Badhai Aged About 24 Years Caste Kewant R/o Village Rajpur (Lamp), Police Station Sadar Sundergarh, District - Sundergarh, Orrisa. ... Applicants versus State of Chhattisgarh Through Station House Officer, Police of Police Station- Tapkara District- Jashpur Chhattisgarh. ... Non-Applicant For Applicants : Mr. Syed Ishhadil Ali, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicants who have been arrested in connection with Crime No. 107/2024 registered at Police Station - Tapkara District- Jashpur, (C.G.), for the offence punishable under Section 20(B)(ii-C) of Narcotic Drugs and Psychotropic Substances Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The earlier bail application of the applicants being MCRC No. 3487 of 2025 was rejected by this Court vide order dated 22.05.2025 on merits. 3. Case of the prosecution, in brief, is that the Police of Police Station Tapkara District- Jashpur (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid and seized the contraband article i.e. 21.075 kg of Ganja worth Rs. 2,10,750/- from the joint possession of the present applicants. Thereafter, the Police has registered the offence punishable under Section 20(B)(ii-C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicants. 4. Learned counsel for the applicants submits that, the first bail application of the applicants was rejected by this Court on merit with a direction to conclude the trial expeditiously and the applicants are in jail since 14.10.2024. He further submits that as per the status of the trial, two seizure witnesses have been examined before the trial Court and not support the case of the prosecution and have turned hostile. Hence, he prays for grant of bail to the applicants. 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 above submissions, as 02 seizure witnesses have been examined and have turned hostile, the same cannot be a 3 ground for releasing the applicants on bail. Hence, this second bail application of the present applicants is rejected. 8. Accordingly, the bail application of the applicants – Sharan Tandia and Susant Badhai, involved in Crime No. 107/2024 registered at Police Station - Tapkara District- Jashpur, (C.G.), for the offence punishable under Section 20(B)(ii-C) of Narcotic Drugs and Psychotropic Substances Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 Rahul Dewangan