Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:133
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8971 of 2024 1 - Manoj Kumar Kewant S/o Udal Ram Kewant Aged About 35 Years R/o Village Nonbirra, P.S. Kartla, District Korba (C.G.) 2 - Gokulsingh Nayak S/o Jagatram Nayak Aged About 23 Years R/o Village Ktori (Nagoi), P.S. Katghora, District Korba (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Sariya, District Sarangarh- Bilaigarh (C.G.)
... Non-applicant(s) For Applicant(s) : Mr. Manoj Kumar Jaiswal, Advocate For Non-applicant(s) : Ms. Supriya Upasne, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025
1. This is the second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants who have been arrested in connection with Crime No. 99/2023 registered at Police Station Sariya, District Sarangarh- Bilaigarh (C.G.) for the offence
2 punishable under Sections 20(B) of the NDPS Act. 2. Case of the prosecution, in brief, is that on 27.06.2023, it is alleged that the Police of Police Station Sariya, District Sarangarh- Bilaigarh (C.G.) on receiving a secret information, apprehended 49.800 kg of cannabis (ganja) from the applicants which was alleged to have been transported in a Maruti Suzuki s-presso and thus, registered the case against the applicants. 3. Learned counsel for the applicants submits that the first bail application was rejected vide order dated 14.07.2023 on merits on the ground that contraband article seized from the applicant was much above the commercial quantity, with the direction, to the trial Court to conclude the trial within a period of six months, if there is no legal impediment. However, till date, the trial is yet not been concluded, further, the applicants are languishing in jail since
27.06.2023. Hence, this second bail application for grant of bail to the applicants. 4. On the other hand, learned State counsel opposes the application for grant of bail to the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicants and first bail application of the applicants was rejected by this Court vide order dated 14.07.2023 in MCRC No. 4870 of 2023 on the ground that the contraband article seized from the possession of the applicants were much
3 above the commercial quantity.
On a pointed query being made from learned counsel for the applicants to show the status of trial, but he could not inform the Court about the status of trial, moreover, as on which date the order rejecting bail application was produced before the trial Court and also has not annexed copy the order- sheets to show the status of the trial. 7. Accordingly, the second bail application of the applicants- Manoj Kumar Kewant and Gokulsingh Nayak filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants who have been arrested in connection with Crime No. 99/2023 registered at Police Station Sariya, District Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 20(B) of the NDPS Act., is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. 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 Akhil