Rajesh Lodhi vs State Of Chhattisgarh
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Chattisgarh High Court

Rajesh Lodhi vs State Of Chhattisgarh on 10 February, 2025

                                                                        NAFR

          HIGH COURT OF CHHATTISGARH AT BILASPUR

                               CRA No. 830 of 2024

1 - Rajesh Lodhi S/o Gendlal Lodhi, Aged About 34 Years R/o Jhamar, Post
Narsinghpur,  Police   Station   Thaimi,  District  Narsinghpur    (M.P.)

2 - Narendra Ojha S/o Virendra Ojha, Aged About 30 Years R/o Nayagaon, Police
Station Wamarkala, Post-Bijravan, District- Shivpuri (M.P.) ... Applicant(s)

                                       versus

State Of Chhattisgarh Through- Station House Officer, Police Station- Basna, District-
Mahasamund (C.G.)                                                 ... Respondent

(Cause-title taken from the CIS)

10.02.2025 By the impugned judgment of conviction and

order of sentence dated 21.03.2024 passed in Special

Criminal Case (NDPS) No. 24 of 2023, by the learned

Special Judge, NDPS, Saraipali, Distt.Mahasamund

(C.G.), appellant has been convicted as under:-

Conviction Sentence Under Section 20(b)(ii)(C) RI for 12 years and fine of of the NDPS Act Rs.1,00,000/- with default stipulation

Heard Shri Kishore Narayan, learned counsel for

the appellants, and Shri Shailendra Sharma, learned PL appearing for the respondent/State on the instant

application for suspension of sentence and grant of bail

(IA-01 of 2024).

Learned counsel for the appellants submitted that

the appellants are innocent and have been falsely

implicated in the offence. There is no legally

admissible evidence with respect to commission of

alleged offence by the appellants. Prosecution has not

complied with provisions of Section 52 and 57 of the

Narcotic Drugs and Psychotropic Substances (NDPS)

Act, while conducting the investigation. Appellants

belong to poor family and they are not in a position to

pay the fine amount imposed. The appellants are in jail

since 28.03.2023, and final adjudication of the case will

take its own time, therefore, they may be enlarged on

bail.

On the other hand, learned counsel for the State

opposes and submitted that there is sufficient evidence

on record to show the appellants' involvement in crime

in question. The evidences adduced by the prosecution

are strong and convincing, and fully supported the case

of prosecution. Therefore, there is no reason for showing any leniency to the appellants, and no ground

is made out for grant of bail to the appellants.

Considering the submission made by learned

counsel for the parties, considering the evidence

available on record, also looking to the gravity of

offence committed by the appellants, and the quality of

evidences produced by the prosecution, no good

ground is made out for release of the appellants, and

we consider it not a fit case to grant bail to the

appellants.

Accordingly, IA-1 of 2024, filed by the appellants-

Rajesh Lodhi, s/o Gendlal Lodhi; and Narendra

Ojha, s/o Virendra Ojha, is rejected.

List this case for final hearing in its due course.

                      Sd/-                         Sd/-

           (Ravindra Kumar Agrawal)           (Ramesh Sinha)
                     Judge                     Chief Justice



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