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2025 DAILYLAW 38495 (CHH)

BIHARI KUMAR v. STATE OF CHHATTISGARH

MCRC/6251/2025 · 2025-09-07

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:45489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6251 of 2025 Bihari Kumar S/o Manoj Sahu, aged about 26 years, R/o Madhopur, P.S. Badhhariya, District- Sivan (Bihar) ... Applicant. versus State Of Chhattisgarh Through Police Station- Ambikapur, District- Surguja (C.G.) ... Respondent. For Applicant : Mr. Abhinav Dubey, Advocate. For Respondent : Mr. Dilman Rati Minj, Govt. Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 08/09/2025 1. This third application under Section 483 of the BNSS, 2023 for grant of bail has been filed by the accused/applicant who has been arrested in connection with Crime No.111/223 registered at Police Station Ambikapur, Surguja for the offence under Sections 20C of the NDPS Act. 2. It is pertinent to mention here that earlier bail applications of the applicant were dismissed by this Court vide MCRC No.2130/2023 order dated 14.06.2023 and MCRC No.6304/2023 order dated 15.01.2024, respectively. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.09.08 17:22:03 +0530 2 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 present applicant and other co-accused persons and from possession of each accused persons, about 7 Kilograms Ganja was recovered separately from their bags. 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. He further submits that similarly situated co-accused Namira Parvin has already been released on bail vide order dated 15.07.2025 in MCRC No.5516/2025. Learned counsel also submits that applicant is behind the bars since 08.02.2023 for more than 2 years have been passed. He also submits that the applicant is ready to abide by all terms and condition imposed on him while granting bail. In view of such submission, he prays to allow the applicant. 5. Per contra, learned State counsel opposes the prayer for bail, however, he did not dispute the fact that similarly situated co-accused has been enlarged on bail and as per case diary there is no criminal past in connection with the present applicant. 3 6. Having considered the submission of present applicant, considering the facts and circumstances of the case, quantity of Ganja recovered, further considering the period of pretrial detention of the applicant which is about 2 years, particularly considering that similarly situated co-accused Namira Parvin has already been enlarged on bail vide MCRC No.5516/2025, I am inclined to release the applicant on bail. 7. Accordingly, the application is allowed. 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. • The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Deepak Kumar Tiwari) Ajay Judge