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2025:CGHC:59184
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9945 of 2025 Dharmendra Gendle S/o Dhaniram Gendle Aged About 25 Years R/o Mini Basti Jarhabhatha, P.S. Civil Line Bilaspur, Distt. Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Civil Line, Distt. Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Divya Sahu, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.12.2025
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. 1263/2021 registered at Police Station- Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 21, 22 and 29 of the NDPS Act. 2. Case of the prosecution, in brief, is that on 13.11.2021, the Police of Police Station- Civil Line, District-Bilaspur (C.G.) seized Nitrozepam AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Nitosan tablets 104 packets (100 tablets in each packet) total 10,400 tablets, total weighing 5824 grams from the joint possession of the two teenagers from Imlipara road behind Chandrika Hotel, Bilaspur from bajaj pulsar NH 200 motorcycle. During the investigation, the name of the present applicant Dharmendra Gendle was exposed as a person to be transporting the said drug along with the teenager. 3. Learned counsel for the applicant submits that the first bail application was rejected vide order dated 22.04.2024 on merits on the ground that the applicant has 21 previous criminal antecedents, 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 has yet not been concluded the further, the applicant is languishing in jail since 15.05.2023. She lastly submits that till date, only 11 prosecution witnesses have been examined and the conclusion of trial is likely to take time, hence this second bail application for grant of bail to the applicant. 4.
Learned State counsel on the other hand opposes the bail application and submits that the applicant has 21 criminal antecedents registered against him under various other Sections and the quantity of the psychotropic substance seized from his i.e. 5,824 gms of nitrozepam nitosan tablets is much above the commercial quantity and further pendency of trial cannot be a ground for grant of bail to the applicant. 5. From perusal of the records, it transpires that the first bail application
3 of the applicant was rejected by this Court vide order dated 22.04.2024 in MCRC No. 2056 of 2024 on the ground that the applicant has 21 previous criminal antecedents registered against him and further, the quantity of the psychotropic substance seized from him i.e. 5,824 gms of nitrozepam nitosan tablets is much above the commercial quantity, and the ground on which the applicant is placing reliance that the trial is taking long time as till date, only 11 prosecution witnesses have been examined, but the same cannot be a ground for releasing the applicant on bail, further there appears to be no good ground to entertain the present bail application. 6. Accordingly, this Court does not find any merit in this second bail application of the applicant- Dharmendra Gendle involved in Crime No. 1263/2021 registered at Police Station- Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 21, 22 and 29 of the NDPS Act, as such, the same stands rejected at this stage. 7. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil