1 2025:CGHC:13406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2211 of 2025 Kishore Sahu S/o Ishwari Sahu Aged About 34 Years Occupation Constable R/o Sakarra Police Station And Tahsil Malkharouda District - Sakti (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O. Jutemill, District – Raigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 381/2024 registered at Police Station Jutemill, District – Raigarh (C.G.) for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that Police of Police Station Jutemill, District – Raigarh (C.G.) received secret information from RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the informant and on the basis of said information, Police have conducted raid and has searched 2 vehicles which have been parked near the Kodatarai Howaipatti and arrested 5 accused persons namely Santram Khunte, Sumitra Khunte, Rajaram, Ankit Singh, Mahendra Tondon and from the aforesaid vehicle seized 175 Kgs of Contraband (Ganja) and during the course of investigation, it has been brought into the knowledge of the Police that the said Ganja has been purchased from one Vyamkesh and the same will be handed over to one Bhagwat Sahu and on the basis of the aforesaid information on dated 30.08.2024 the Police has recorded the memorandum statement of one Bhagwat Sahu who has informed the applicant who is working as a constable has provided the secret information about the Police party and for that the said Bhagwat Sahu is in contact of the applicant and on one occasion the said Bhagwat Sahu has also provided Rs. 1000/- in the account of present applicant i.e. on dated 14.03.2024 and on the basis of the said transaction of Rs. 1,000/- the Police has brought the statement of call details and filed a charge-sheet against the applicant in the alleged commission of offence. 3. The first bail application was rejected by this Court vide order dated 10.05.2024 passed in MCRC No. 8359/2024 on the ground that the contraband article seized from the possession of the applicant i.e. 175 Kgs of Ganja is more than the commercial quantity. 4. Learned counsel for the applicant submits that the charges have been framed against the applicant and other co-accused persons 3 on 10.12.2024 and it is stated that till date no prosecution evidence has been recorded, further the recovery amount of Rs. 1,000/- transferred through online transaction to the account of the applicant is just for purchasing Prasad and that is not to facilitate the Bhagwat Sahu for a scene of crime. The applicant is in jail since 30.08.2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that from the possession of applicant 175 Kgs of Ganja has been recovered, which is much above the commercial quantity on which ground the first bail application of the applicant was rejected by this Court, and a total amount of Rs. 1,000/- has also been recovered from the account of the applicant which was transferred through the co-accused, namely, Bhagwat Sahu in his account, as such, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. From perusal of the records, it transpires that from the possession of applicant 175 Kgs of Ganja has been recovered, which is much above the commercial quantity on which ground the first bail application of the applicant was rejected by this Court, and a total amount of Rs. 1,000/- has also been recovered from the account of the applicant which was transferred through the co-accused, namely, Bhagwat Sahu in his account, further there appears to be no new ground. 4 8. Accordingly, the second bail application of the applicant- Kishore Sahu, involved in Crime No. 381/2024 registered at Police Station Jutemill, District – Raigarh (C.G.) for the offence punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 9. The Director General of Police, Chhattisgarh is directed to ensure that the Police personnel including the seizure witnesses who are prosecution witnesses in this case shall appear before the trial Court, failing which their salary should be stopped. 10. Learned State counsel is also directed to communicate about passing of this order to the aforesaid authorities. 11. Needless to say that the trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 12. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar