Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:56614
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9366 of 2025 Shiv Kumar Son of Shri Ramesh Kukreja Aged About 35 Years R/o Ward No. 12 Banjari Rawanbhatha Khamtarai, Raipur District Raipur (C.G.) Present Resident Dubey Colony, Ward No. 09, Near Shiv Mandir, Pandari, Police Station Pandari, District Raipur (C.G.)
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Pithora, District Mahasamund (C.G.)
... Non-applicant For Applicant : Mr. Dashrath Kushwaha, Advocate For Non-Applicant/State : Mr. Bharat Gulabani, Panel Laweyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.11.2025
1. This is the First 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. 392/2013 registered at Police Station Pithora, District – Mahasamund (C.G.),for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that the accused persons (including the applicant) were found in possession of 18.810 kg of cannabis (8.200 kg, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 10:57:19 +0530
2 6.300 kg, 3.800 kg, and 0.510 kg), which was seized, and they were arrested under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the the seizure memo made by the prosecution is false and the taul panchnama has not been prepared properly. He also submits that the present applicant has been in jail since 11.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submits that the present applicant was earlier granted regular bail by the concerned trial Court on 07.02.2014. Thereafter, the applicant failed to appear before the trial Court on the dates fixed for his appearance, and consequently, an arrest warrant was issued against him on 03.03.2016. Eventually, the applicant was arrested on 11.07.2025. Therefore, it is submitted that if the applicant is enlarged on bail, there is a likelihood that he may abscond again and hamper the trial. Hence, the bail application is liable to be dismissed. 5.
I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as the present applicant was earlier granted regular bail by the concerned trial Court on
07.02.2014. Thereafter, he failed to appear before the trial Court on the dates fixed for his appearance, and consequently, an arrest warrant was issued against him on 03.03.2016. Eventually, the applicant was arrested on 11.07.2025. In these circumstances, there is every likelihood that, if released on bail, he may abscond again and further hamper the trial. 3 Therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant - Shiv Kumar, involved in Crime No. 392/2013 registered at Police Station Pithora, District – Mahasamund (C.G.),for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. 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 Abhishek