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2025 DAILYLAW 41493 (CHH)

SMT. SANDHYA SINGH THAKUR v. STATE OF CHHATTISGARH

MCRC/7030/2025 · 2025-10-08

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Judgment text

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1 2025:CGHC:50456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7030 of 2025 Smt. Sandhya Singh Thakur W/o Satish Singh Thakur Aged About 29 Years R/o Surya Chowk Chingrajpara, P.S. Sarkanda, District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Sarkanda District Bilaspur (C.G.) ... Non-applicant(s) For Applicant : Mr. Ashok Dixit, Advocate. For Non-applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as she has been arrested in connection with Crime No.1058/2025, registered at Police Station-Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 20(B), 29 of the NDPS Act. 2. The prosecution story, in brief, is that on 05.08.2025, as per secret information received from the informant that unknown persons have KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 kept illegal contraband Ganja to sell, upon such information, the police ofÏcials reached at concerned spot, conducted raid and have seized 2.590 Kgs of Ganja from the possession of the applicant therefore, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that from the possession of the present applicant intermediate quantity of the psychotropic substance Ganja has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the present applicant, only 2.590 kg of Ganja has been seized. He further submits that there is no criminal antecedent of the present applicant, the applicant being a lady aged about 29 years and is languishing in jail since 06.08.2025 and in the present case, charge-sheet has been filed before the competent Court, the conclusion of the trial is likely to take some time, hence, he prays for enlarge the present applicant on bail. 4. Learned counsel for the State opposes the prayer for grant of bail and submits that in the present case, charge-sheet has already been submitted and the applicant has no criminal antecedent from however, the quantity of contraband article which has been recovered from the possession of the applicant, is less than commercial quantity but looking to the seriousness of this case, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that in the present case, charge-sheet has been filed before the competent Court and the applicant being a lady aged about 29 years and she has no criminal antecedent further the quantity of psychotropic substance Ganja seized from the possession of the applicant i.e. 2.590 kgs, which is less than commercial quantity and the conclusion of the trial is likely to take sometime and further the applicant is in jail since 06.08.2025, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let applicant, Smt. Sandhya Singh Thakur, involved in Crime No.1058/2025, registered at Police Station-Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 20(B), 29 of the NDPS Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i)The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient 4 cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal