Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3447
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 534 of 2025 Dharmendra Sonkar S/o Hiraman Sonkar Aged About 27 Years R/o Sakin Futiya P.S. Saiyadraja District Chandauli, U.P.
... Applicant versus State Of Chhattisgarh Through, Police Station City Kotwali, District- Dhamtari, C.G.
---- Non-applicant For Applicant : Mr. Manoj Kumar Yadav, Advocate For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.01.2025
1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 178/2024 registered at Police Station City Kotwali, District-Dhamtari (C.G.) for the offence punishable under Section 20(B) of the NDPS Act. 2. The earlier bail application of the applicant has already been rejected by this Court in MCRC No. 6494/2024, vide order dated KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 16.10.2024 on merits. Hence this second bail application. 3. The prosecution story in brief, is that, the Police of Police Station City Kotwali District-Dhamtari (C.G.) had received secret information by the informant and on the basis of the said information, the police ofÏcials conducted raid and have seized 10.270 Kgs of contraband Ganja from the possession of the present applicant. Thereafter, the aforesaid offence has been registered against the applicant. 4. Learned counsel for the applicant submits that earlier bail application of the applicant has already been rejected by this Court vide order dated 16.10.2024 in MCRC No. 6494/2024 and the new ground for filing of the second bail application is that in the present case, 03 prosecution witnesses have been examined, who have turned hostile and have not supported the prosecution case. He further submits the applicant is in jail since 29.04.2024 and the conclusion of the trial may likely to take some more time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel would oppose the bail application and submits that earlier the bail application of the applicant has already been rejected by this Court in MCRC No. 6494/2024, vide order dated 16.10.2024 on merits and the quantity of contraband article which has been recovered from the joint possession of the applicant i.e. 21 Kgs of Ganja, which is much above the commercial quantity, as such, he is not entitled for grant of bail.
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6. From perusal of the order dated 16.10.2024, it is apparent that the earlier bail application of the applicant has already been rejected by this Court in MCRC No. 6494/2024, vide order dated 16.10.2024 on merits and the new ground for filing of the second bail application is that in the present case, 03 prosecution witnesses have been examined, who have turned hostile and further, the quantity of contraband article (Ganja) which has been recovered from the joint possession of the applicant, is much above the commercial quantity and the same cannot be a good ground to release the applicant on bail thus, this Court deems it appropriate to reject this second bail application at this stage. 7. Accordingly, the second bail application of the applicant- Dharmendra Sonkar filed under Section 483 of the BNSS involved in Crime No. 178/2024 registered at Police Station City Kotwali, District-Dhamtari (C.G.) for the offence punishable under Section 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE kunal