1 2025:CGHC:1260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 112 of 2025 Ankit Kushwaha S/o Ravindrnath Kushwaha Aged About 24 Years R/o Ward No. 14 Ramanujganj, Thana - Ramanujganj, District - Balrampur Ramanujganj Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - Ramanujganj, District - Balrampur Ramanujganj Chhattisgarh ---- Non-Applicant For Applicant : Mr. A. K. Yadav, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 185/2024 registered at Police Station Ramanujganj, District - Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that, on 17.10.2024, the Police get a tip off by informer that one bike pulsar black blue color accused are travelling with concealment of illegal Narcotic Drugs, upon such basis, the Police of Police Station Ramanujganj have seized 99 Pieces of Pheniramine Maleate Injection I.P Avil, & Buprenorohine Injection I.P Talgesic 89 pieces and per piece quantity of 2 M.L. total 188 pieces in bag from the possession of the co-accused and on the basis of memorandum statement of co- accused, the present applicant has been implicated as accused in this case and case is registered as crime No 185/2024 for the offence punishable 21(C) of Narcotic Drugs & Psychotropic Substarice Act 1985. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 04.12.2024. He further submits that the police has not recovered any prohibited injections from the possession of the present applicant. He also submits that the prohibited injections have been recovered from the co-accused and only on the basis of their memorandum statement, the present applicant has made accused and has been arrested and in the present case charge-sheet has been filed before the competent Court and there is no previous criminal antecedent of the applicant and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has 3 been filed in the present case before the competent Court however, the quantity of contraband article i.e. 99 Pieces of Pheniramine Maleate Injection I.P Avil, & Buprenorohine Injection I.P Talgesic 89 pieces and per piece quantity of 2 M.L. total 188 pieces which were recovered from the possession of the co-accused, is much above the commercial quantity and on the basis of memorandum statement of the co-accused, the present applicant has made accused as such he is also involved in the present case therefore, the present applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the co-accused i.e. 99 Pieces of Pheniramine Maleate Injection I.P Avil, Buprenorohine Injection, I.P Talgesic 89 pieces and per piece quantity of 2 ml. total 188 pieces, are much above the commercial quantity and thereafter, on the basis of memorandum statement of the co- accused, the present applicant has made accused. Hence, in the present case, the involvement of the applicant appears to be reasonable and it cannot be a case of false implication and the applicant has failed to give an explanation for the same, therefore, this Court does not find a fit case to release the applicant. 7. Accordingly, the bail application of the applicant –Ankit Kushwaha, filed under Section 483 of the BNSS, involved in Crime No. 185/2024 registered at Police Station Ramanujganj, District - Balrampur-Ramanujganj (C.G.), for the offence punishable under 4 Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal