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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MCRC No. 3057 of 2024
Indrajit Mahto S/o Ramchandra Mahto Aged About 45 Years R/o
Village Mahmand Laalkhadan, P.S. Torwa, District Bilaspur (C.G.)
---- Applicant
Versus
State Of Chhattisgarh Through P.S. Sarkanda, District Bilaspur
(C.G.)
---- Non-Applicant
(Cause Title taken from Case Information System)
: Mr. Anway Tiwari, Advocate
For Applicant
For Non-Applicant : Ms. Malay Jain, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
30.04.2024
1. This is the second bail application filed under Section 439 of the Code
of Criminal Procedure, 1973 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 1600/2023
registered at Police Station Sarkanda, District Bilaspur (C.G.) for the
offence punishable under Sections 21 and 22 of the N.D.P.S. Act.
2. Case of the prosecution, in brief, is that on a secret information, the
applicant was caught in possession of 665.29 grams of NRX
dicyclomine hydrochloride acetaminophene capsules and offence was
registered against him.
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3. Learned counsel for the applicant submits that the first bail application
was rejected vide order dated 25.01.2024, therefore this second bail
application is filed on the ground that since the seizure witness has
turned hostile before the learned trial Court, he prays for releasing the
applicant on regular bail.
4. Considering the above submissions, as the seizure witness has turned
hostile, the same cannot be a ground for releasing the applicant on bail
as the same amounts to only tampering with the evidence.
5. From perusal of the order dated 25.01.2024, it is apparent that the bail
application of the applicant was rejected on merits and this Court
expressed its hope and trust that the learned trial Court would make its
earnest efforts to conclude the trial in accordance with law as
expeditiously as possible, preferably within a period of six months from
the date of passing of the order, if there was no legal impediment.
6. No new ground has been raised in this second bail application. More
so, as the time period of six months granted to the learned Trial Court
from 25.01.2024 has not expired, in such circumstances, this Court
deems it fit that the trial court would conclude the trial within a time
period, as has been directed by this Court in the earlier bail rejection
order of the applicant, if there is no legal impediment.
7. Accordingly, the second bail application of the applicant-Indrajit
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Mahto filed under Section 439 of the CrPC, involved in Crime No.
1600/2023 registered at Police Station Sarkanda, District Bilaspur
(C.G.) for the offence punishable under Sections 21 and 22 of the
N.D.P.S. Act, is rejected at this stage.
- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Manpreet