This order rejects a second bail application filed by the accused under Section 439 CrPC for an offence under the NDPS Act, 1985. The Court found no new or good grounds to interfere after the first bail application was dismissed on merits.
Second bail application under Section 439 CrPC is rejected as there were no new grounds.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 6108 of 2018
Rajeev Sharma, S/o Manish Sharma, Aged about 22 years, R/o Bardiha Ali, Post – Bardihadal, Tahsil – Rudrapur, P.S. Rudrapur, District- Devriya, Uttar Pradesh
---- Applicant
Versus
State of Chhattisgarh, through Police Station- Bodhghat, Distrtict- Bastar (C.G.)
----Non-applicant
For Applicant : Mr. R.K. Bhagat, Advocate. For Non-applicant : Mr. Avinash Singh, Panel Lawyer.
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
21/08/2018
(1) The accused/applicant has moved this second bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 27/2017 registered at Police Station Bodhghat, District - Kondagaon for the offence punishable under Section 20(B) (2-b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
(2) Applicant's first bail application was dismissed on merits by this Court vide order dated 25.06.2018 passed in M.Cr.C. No.3233 of 2018.
(3) Having heard learned counsel appearing for the parties & having regard to the facts & circumstances of the case, I do not find any new or good ground to entertain this second bail application. Thus, the second bail application is rejected.
Sd/-
(Sanjay K. Agrawal)
Judge
D/-
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2 issues framed by the court
Whether the second bail application should be entertained where the first was dismissed on merits by the same Court.
Whether any new or good grounds exist for granting regular bail under Section 439 CrPC.
1 provisions across 1 enactments
Rajeev Sharma
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
