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2025 DAILYLAW 46323 (CHH)

AJMAT KHAN v. STATE OF CHHATTISGARH

MCRC/9045/2024 · 2025-01-02

body2025

Judgment text

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1 2025:CGHC:185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9045 of 2024 Ajmat Khan S/o Hafij Ulla Khan Aged About 27 Years R/o Uchod Thana Shajapur, Police Station Akodia, Tehsil And District- Shajapur, Madhya Pradesh. ... Applicant versus State of Chhattisgarh Through Police Station of City Kotwali, District- Gariyaband, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 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. 157/2024 registered at Police Station City Kotwali, District - Gariyaband (C.G.), for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicant being MCRC No. 3166 of 2024 was rejected by this Court vide order dated 10.05.2024 on 2 merits. 3. Case of the prosecution, in brief, is that on 01.04.2024, as per secret information received from the informant, on the basis of the said information, police officials conducted raid and have seized 12.800 kgs of Ganja from the possession of the applicant. Thereafter, the crime has been registered against the applicant. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on the ground that from the joint possession of the present applicant and other co- accused person 26 kgs of Ganja was seized, which was much above the commercial quantity with a direction to conclude the trial within a period of 06 months and the applicant is in jail since 01.04.2024. He further submits that as per the status of the trial, only 03 prosecution witnesses have been examined till date. 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. From perusal of the pleadings, it appears that no new ground has been raised in this second bail application except that till date only 03 prosecution witnesses have been examined. Thus, I do not find any good ground for grant of bail, therefore, this second bail application of the present applicant is rejected at this stage. 8. Accordingly, the second bail application of the applicant – Ajmat Khan, filed under Section 483 of the BNSS involved in Crime No. 3 157/2024 registered at Police Station City Kotwali, District - Gariyaband (C.G.), for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, is rejected. 9. However, this Court hopes and trust that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible preferably within a further period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment. 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 Abhishek