1 2025:CGHC:25411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3152 of 2025 Aftab Alam S/o Late Shri Aasim Ansari Aged About 35 Years Old R/o Sakin Vijay Nagar Hindpidi, Police Station Hindpidi, District – Ranchi, Jharkhand ... Applicant versus State Of Chhattisgarh Through Chowki Lodam Police Station Jashpur District - Jashpur Chhattisgarh ... Non-Applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18.06.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with FIR No.13/2023, registered at Police Chowki – Lodam, Police Station – Jashpur, District - Jashpur (C.G.) for the offence punishable under Sections 21(B-C) and 29 of Narcotic Drugs and Psychotropic Substance Act, 1985. 2 The case of the prosecution, in brief, is that on 24.01.2023, the Chowki Incharge of Police Chowki-Lodam, received a secret information to the effect that one person is carrying cough syrup for sale, in Bolero vehicle PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.19 17:19:50 +0530 2 bearing registration No. JH-01-BK-1124 from Gumla (Jharkhand) to Lodam. On the basis of said information, the Police conducted a raid at Mandi Barrier and recovered 348 bottles of Onerex Cough Syrup cach containing 100 m.l. (total 34,800 m.l.) from the possession of the applicant without having any legal document/licence. Accordingly, offence under section 21(B/C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against the Co- accused (Juber Ansari) who was the driver of the said Bolero Vehicle. That, during the course of investigation, on the basis of the memorandum of the co-accused the applicant has been made accused in the aforesaid crime on the allegations that the said alleged cough syrup has been sold by the applicant. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that though the applicant had absconded in the present case, which was registered against him in the year 2023, the co-accused who was put to trial has already been acquitted. It is stated that no recovery of any incriminating article was made from the possession of the applicant. The applicant was called to the concerned police station in Jharkhand, and thereafter he was arrested. The charge-sheet has been filed in this case, and the applicant has been in jail since 15.02.2025. The trial is likely to take a considerable time to conclude. Therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that the applicant, along with the co-accused, is involved in the present case, it is noted that the trial of the co-accused was separated and he was acquitted and the trial of the applicant could not commence as he was absconding, since the applicant belongs to Jharkhand, there is 3 a likelihood that he may abscond if he is granted bail by this Court, which would frustrate the trial, therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant, along with the co-accused, is involved in the present case, it is noted that the trial of the co-accused was separated and he was acquitted and the trial of the applicant could not commence as he was absconding, since the applicant belongs to Jharkhand, there is a likelihood that he may abscond if he is granted bail by this Court, which would frustrate the trial, thus, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application of the applicant - Aftab Alam involved in FIR No.13/2023, registered at Police Chowki – Lodam, Police Station – Jashpur, District - Jashpur (C.G.) for the offence punishable under Sections 21(B-C) and 29 of Narcotic Drugs and Psychotropic Substance Act, 1985, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 Office 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 Preeti