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2025 DAILYLAW 37172 (CHH)

POOJA CHOUHAN v. STATE OF CHHATTISGARH

MCRC/5941/2025 · 2025-07-29

body2025

Judgment text

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1 2025:CGHC:37362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5941 of 2025 Pooja Chouhan W/o Kabeer Chouhan Aged About 30 Years R/o Halmukam, Sakti, Ward No. 4, Sakti, Dist - Sakti Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House Officer, P.S. - Civil Lines Bilaspur, Dist.- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Anway Tiwari, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, 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 applicant who has been arrested in connection with Crime No. 732/2024 registered at Police Station - Civil Lines Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Sections 21, 22 and 29 of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicants being MCRC No. 1075 of 2025 was rejected by this Court vide order dated 06.02.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. Case of the prosecution, in brief, is that the Police of Police Station Civil Lines Bilaspur, Dist.- Bilaspur (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid and seized total 25 pieces of codeine- containing cough syrup from the possession of the present applicant. Thereafter, the Police has registered the offence punishable under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 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 applicant is in jail since 13.08.2024. He further submits that as per the status of the trial, seizure witness has been examined before the trial Court and not support the case of the prosecution. Hence, he prays for grant of bail to the applicant. 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 the seizure witness has been examined and turned hostile, the same cannot be a ground for releasing the applicant on bail. Hence, this second bail application of the present applicant is rejected. 3 8. Accordingly, the bail application of the applicant – Pooja Chouhan, involved in Crime No. 732/2024 registered at Police Station - Civil Lines Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Sections 21, 22 and 29 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