Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58597
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9777 of 2025 Sailendra Dubey S/o Rajendra Dubey Aged About 47 Years R/o Nai Sadak, Near Gubbara Phatak, Janakhganj Police Station District Gwalior M.P.
... Applicant versus State of Chhattisgarh Through Police Station In charge, P.S. Chilpi District - Kabirdham Chhattisgarh.
... Non-Applicant For Applicant : Mr. Himanshu Pandey, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 03.12.2025
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. 41/2024 registered at Police Station - Chilpi District - Kabirdham, (C.G.), for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act.
2. The earlier bail application of the applicant being MCRC No. 4803 of 2025 was rejected by this Court vide order dated 24.06.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
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3. Case of the prosecution, in brief, is that on 26.10.2024, the police received information from an informant that two persons were transporting illegal contraband Ganja in a white Swift car bearing registration No. MP-07-CK-0182, travelling from Raipur/Kawardha towards Jabalpur, and that another person was piloting them in a black-and-blue Aura car bearing registration No. MP-07-ZP-2654. Acting on this information, a checkpoint was set up and an attempt was made to stop both vehicles. However, on seeing the police, the driver of the pilot vehicle (black-and-blue Aura car No. MP-07-ZP- 2654) accelerated and fled towards Dhawaipani. A Scorpio vehicle from the police station was immediately dispatched, and the said vehicle was apprehended. On searching the Swift car No. MP-07- CK-0182, the police recovered 20 packets of Ganja wrapped in khaki-colored tape, weighing a total of 28.500 kg, valued at approximately Rs.2,85,000/-. The accused persons transporting the said Ganja were arrested.
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Learned counsel for the applicant submits that, the first bail application of the applicant was rejected by this Court on merit and the applicant is in jail since 26.10.2024. He further submits that as per the status of the trial, seizure witnesses have been examined before the trial Court and not support the case of the prosecution and have turned hostile. 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.
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6. I have heard learned counsel appearing for the parties and perused the case diary.
7. Considering the above submissions, as the seizure witnesses have been examined and have turned hostile, the same cannot be a ground for releasing the applicant on bail. Hence, this second bail application of the present applicant is rejected.
8. Accordingly, the bail application of the applicants – Sailendra Dubey, involved in Crime No. 41/2024 registered at Police Station - Chilpi District - Kabirdham, (C.G.), for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, is rejected.
9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
10. 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 Rahul Dewangan