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VIKRAM GURJAR v. THE STATE OF CHHATTISGARH

Supreme Court of India | Diary 10036/2025

Status

ROP - of Main Case

Decided On

29-07-2025

Bench

HON'BLE MR. JUSTICE M.M. SUNDRESH and HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

Petitioner

VIKRAM GURJAR

Respondent

THE STATE OF CHHATTISGARH

Primary Holding

In NDPS cases, prolonged pre-trial incarceration of nearly 17 months, coupled with a trial in its nascent stage, constitutes sufficient grounds to grant bail notwithstanding the stringent provisions of the NDPS Act.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (@ SLP(CRL.) No.4539/2025) VIKRAM GURJAR APPELLANT(S) VERSUS THE STATE OF CHHATTISGARH RESPONDENT(S) O R D E R 1. Leave granted. 2. We have heard the learned counsel appearing for the parties. 3. The appellant has been arraigned as an accused in FIR No.14/2024 for the offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. Taking into consideration the period of incarceration which is nearly 1 year 5 months and the fact that the trial has just begun, we are inclined to set aside the impugned order and grant bail to the appellant. 5. Accordingly, the impugned order stands set aside and the appellant is granted bail, subject to the terms and conditions that may be imposed by the Trial Court. 1 SLP(CRL.) No. 4539/2025

6. The appeal is allowed, accordingly. 7. Pending application(s), if any, shall stand disposed of. ……………………………………………………………………J. [M.M. SUNDRESH] ……………………………………………………………………J. [NONGMEIKAPAM KOTISWAR SINGH] NEW DELHI; 29 th JULY, 2025 2 SLP(CRL.) No. 4539/2025

ITEM NO.9 COURT NO.6 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 4539/2025 [Arising out of impugned final judgment and order dated 16-08-2024 in MCRC No. 5084/2024 passed by the High Court of Chhatisgarh at Bilaspur] VIKRAM GURJAR Petitioner(s) VERSUS THE STATE OF CHHATTISGARH Respondent(s) WITH SLP(Crl) No. 6068/2025 (II-C) IA No. 94838/2025 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS, IA No. 94120/2025 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS Date : 29-07-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Dr. Anindita Pujari, Sr. Adv. Mr. Hitendra Nath Rath, AOR Mr. Shaileshwar Yadav, Adv. Ms. Laxmi, Adv. For Respondent(s) Mr. Vinayak Sharma, Adv. Mr. Ravinder Kumar Yadav, AOR UPON hearing the counsel the Court made the following O R D E R SLP(Crl) No. 6068/2025 : List the matter after three months. In the meanwhile, the trial shall proceed. 3 SLP(CRL.) No. 4539/2025

SLP(CRL.) No.4539/2025: Leave granted. The relevant portion of the order reads as under:- ‘Accordingly, the impugned order stands set aside and the appellant is granted bail, subject to the terms and conditions that may be imposed by the Trial Court.’ The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (SWETA BALODI) (POONAM VAID) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file) 4 SLP(CRL.) No. 4539/2025

ITEM NO.6 COURT NO.8 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10036/2025 [Arising out of impugned final judgment and order dated 16-08-2024 in MCRC No. 5084/2024 passed by the High Court of Chhatisgarh at Bilaspur] VIKRAM GURJAR Petitioner(s) VERSUS THE STATE OF CHHATTISGARH Respondent(s) IA No. 65498/2025 - CONDONATION OF DELAY IN FILING IA No. 65500/2025 - EXEMPTION FROM FILING O.T. Date : 24-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Dr. Anindita Pujari, Sr. Adv. Mr. Hitendra Nath Rath, AOR Mr. Shaileshwar Yadav, Adv. Mr. M. Kumar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Delay condoned. Issue notice. Dasti in addition is permitted to be served through the standing counsel for the State. (ASHA SUNDRIYAL) (POONAM VAID) DEPUTY REGISTRAR ASSISTANT REGISTRAR

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