Kanhaiyalal Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1887 of 2019 • Kanhaiyalal Soni S/o Late Shyamlal Soni Aged About 52 Years R/o Deendayal Colony, Dhimrapur P. S. City Kotwali, Raigarh Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Raigarh District Raigarh Chhattisgarh ----Non Applicant For the Applicant :

Mr. Amit Sharma, Advocate For Non Applicant :

Mr. Vikram Dixit, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 04.04.2019 1.

This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court. 2.

Earlier, the first bail application of the applicant was rejected by this Court on 07.12.2018 in MCRC No.9146 of 2018 considering the prima facie case against him. 3.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.1199/2018 registered at Police Station- City Kotwali, District- Raigarh (C.G.) for the offence punishable under Section 20(B) of NDPS Act. 4.

Case of the prosecution in brief is that on 20.09.2018, Sub Inspector S.K. Yadav posted at Police Station City Kotwali, Raigarh seized 1.300 kg cannabis from the possession of the applicant.

5.

Counsel for the State submits that 7 other criminal cases have been registered against the applicant out of which 2 under IPC, 4 under NDPS and 1 under Gambling Act. 6.

Counsel for the applicant submitted that applicant has been acquitted from one case of NDPS and one case of Excise Act. He drew my attention on covering memo dated 04.04.2019.

7.

Applicant does not get any help from acquittal of 1 NDPS Act and 1 Excise Act. 8.

There is no change in circumstances of the case on strength of which it can be said that applicant Kanhaiyalal Soni is entitled to release on bail in second round of litigation.

9.

Looking to the facts and circumstances of the case, looking to this fact that 7 other criminal cases have been registered against the applicant, his bail application is rejected. However trial Court is directed to expedite the trial and dispose of the case as soon as possible.

10. Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul