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2025 DAILYLAW 60551 (CHH)

RAVINDRA SINGH GAUTIYA v. STATE OF CHHATTISGARH

MCRC/10031/2025 · 2025-12-07

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Judgment text

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1 2025:CGHC:59437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10031 of 2025 1 - Ravindra Singh Gautiya S/o Late Radhelal Gautiya, Aged About 30 Years R/o Ranjhi Bada Pathar, Mohan Nagar, P.S. Ranjhi, District Jabalpur (M.P.) 2 - Subhan Kol S/o Bhailal Kol, Aged About 29 Years R/o 418/17 Transport Nagar Chandalbhata, Rammanohar Lohiya Ward, P.S. Gohalpur, District Jabalpur (M.P.) ... Applicants versus State of Chhattisgarh Through The Police Station Govt. Railway Police District Bilaspur (C.G.) ... Non-Applicant For Applicants : Mr. Abhishek Nirala, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicants who have been arrested in connection with Crime No. 87/2024 registered at Police Station - Govt. Railway Police District Bilaspur, (C.G.), for the offence punishable under Section 20(b)(ii-c) of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicants being MCRC No. 2112 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 of 2025 was rejected by this Court vide order dated 18.03.2025 on merits with liberty to proceed and conclude the trial expeditiously. 3. Case of the prosecution, in brief, is that on 30.09.2023, the police of Police Station Govt. Railway Police, District Bilaspur (C.G.), received confidential information regarding certain persons carrying contraband. Acting on this information, the police conducted a search and raid, during which 9 kg of Ganja were seized from the possession of Applicant No. 1 and 15 kg of Ganja from the possession of Applicant No. 2. The police thereafter arrested the present applicants. 4. Learned counsel for the applicants submits that, the first bail application of the applicants was rejected by this Court on merit with liberty to proceed and conclude the trial expeditiously and the applicants are in jail since 23.06.2024. He further submits that as per the status of the trial, out of 17 prosecution witnesses, 06 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 applicants. 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. Considering the above submissions, as the out of 17 prosecution witnesses, 06 have been examined and have turned hostile, the 3 same cannot be a ground for releasing the applicant on bail further the fact that the contraband article which has been seized from the joint possession of the present applicants is much above the commercial quantity and it cannot be a case of false implication. Hence, this second bail application of the present applicants is rejected. 8. Accordingly, the bail application of the applicants – Ravindra Singh Gautiya and Subhan Kol, involved in Crime No. 87/2024 registered at Police Station - Govt. Railway Police District Bilaspur, (C.G.), for the offence punishable under Section 20(b)(ii-c) 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