Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6069
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 929 of 2025 • Sulakshana Pandey W/o Satya Prakash Pandey Aged About 40 Years R/o Saida, P.S. Sakri, District- Bilaspur, Chhattisgarh. ...Applicant. versus • State Of Chhattisgarh Through Station House Officer, P.S. Sakri, District- Bilaspur, Chhattisgarh. ..State/Respondent(s). For Applicant : Shri Sumit Singh Rathore, Advocate. For State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2025
1. This is the Third 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 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.02.04 10:46:37 +0530
2 No. 869/2023, registered at Police Station : Sakri, District - Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The First Bail Application of the present applicant was rejected on merits by this Court holding that applicant has one criminal antecedent under the NDPS Act vide order dated 11.06.2024 passed in MCRC No.2711 of 2024. The Second Bail application of the applicant was also rejected on merits by this Court holding that present applicant has 01 criminal antecedent under the NDPS Act which is pending, vide order dated 15.01.2025 passed in MCRC No.367 of 2025. 3. The case of the prosecution, in brief, is that on 31.12.2023 the Police of Police Station Sakri received a secret information from the informant and on the basis of said information Police has seized 12.100 Kgs of Ganja from the vehicle i.e. Duster bearing No. CG-1- Z-4100, through which accused namely, Idrish Mohammed, Monu Chaudhri @ Vinod Chaudhri and Sulakshana Pandey were transporting the intoxicant substance. Thereafter, the offence has been registered against the present applicant. 4. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime in question. He submits that marriage ceremony of present applicant’s nephew is going to be solemnized on 07.02.2025 and the present applicant’s presence is required to perform certain rituals. He further submits that narcotics substance was recovered
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He further submits that applicant has one criminal antecedent under NDPS Act and is in jail since 31.12.2023; conclusion of trial is likely to take considerable time for its conclusion. Hence considering the backdrop, applicant may kindly be enlarged on temporary bail to attend the marriage ceremony. 5. On the other hand, learned State counsel would oppose the bail application and would submit that the First and Second bail applications of the present applicant have already been rejected on merits by this Court and against the applicant, one criminal antecedent under the NDPS is registered. Considering the backdrop, present is not a fit case for grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and that one criminal antecedent under NDPS Act is registered, particularly the fact that First and Second Bail application of the present applicant have already been rejected on merits and the trial is in progress, I am not inclined to grant bail to the applicant. 8. Accordingly, the bail application of the applicant – Sulakshana Pandey, involved in Crime No. 869/2023, registered at Police Station : Sakri, District - Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act is rejected. 4
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. 11. Consequently, I.A. No.1/2025 also stands rejected. Sd/-
(Ramesh Sinha)
Chief Justice Avinash