1 2025:CGHC:28263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3396 of 2025 Abhishek Sahu S/o Dilip Sahu Aged About 27 Years R/o In Front Of Police Line, Near Honda Showroom, Nehru Nagar, P.S. Kotwali, Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Tikrapara, District Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Ashish Shrivastava, Sr. Advocate with Shri Rahul Ambast, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/06/2025 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.735/2024 registered at Police Station Tikrapara, Raipur, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:38:41 +0530 2 Chhattisgarh for the offence punishable under Section 21 and 29(b) of the NDPS Act, 1985 and Section 25 of the Arms Act, 1959. 2. Case of the prosecution, in brief, is that Police Station - Tikrapara, Raipur (C.G.) received secret information and arrested Shubham Soni registering a case under Section 21(b) of the NDPS Act, 1985 under crime no. 735/2024. During the investigation, Shubham Soni stated that he purchased the seized pistol from Lokesh Agrawal which further led to the addition of charges under Section 25 of the Arms Act, 1959. The FIR alleged that Shubham Soni possessed narcotics worth Rs. 5,20,000/-including 31.88 grams of Charas, 98 MDMA tablets (45.08 grams), a pistol and other items. The present applicant, Abhishek Sahu was made an accused based on Shubham Soni's memorandum. 3. Learned counsel for the applicant submitted that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this court on 21/02/2025 in MCRC No.1358/2025. He would submit that no contraband articles were seized from the applicant's possession nor any arms were recovered, nor he was involved in transporting the alleged contraband. He submits that the trial is in progress and out of 38 prosecution witnesses, two prosecution witnesses evidence has been record and the applicant is languishing in jail since 25/09/2024 and trial is likely to take some time for its conclusion, therefore, he prays for releasing the applicant on regular bail. 3 4. Learned State counsel on the other hand opposes the prayer for grant of bail and submitted that the accused persons who are involved in the present case are four in numbers and the bail application of Subham Soni has been rejected by this court on 17/01/2025 in MCRC No.7390 of 2024 and the applicant along with co-accused Ashok Yadav and one Lokesh Agrawal were involved in the sale and purchase of contraband articles which is an organized crime and co-accused Lokesh Agrawal @ Sonu who was granted bail by this court in MCRC No.8192/2024 on 05/02/2025 on the ground that he provided a pistol to Subham Soni. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected on merits by this Court vide order dated 21/02/2025 in MCRC No.1358/2025. It transpires from the record that accused persons who are involved in the present case are four in numbers and the bail application of Subham Soni has been rejected by this court on 17/01/2025 in MCRC No.7390 of 2024 and the applicant along with co-accused Ashok Yadav and one Lokesh Agrawal were involved in the sale and purchase of contraband articles which is an organized crime and co-accused Lokesh Agrawal @ Sonu who was granted bail by this court in MCRC No.8192/2024 on 05/02/2025 on the ground that he 4 provided a pistol to Subham Soni. Case of the applicant is distinguishable from the case of the co-accused Lokesh Agrawal @ Sonu who has been granted bail by this Court, therefore I am not inclined to entertain this second bail application. 7. Accordingly, the second bail application of the applicant- Abhishek Sahu, involved in Crime No.735/2024 registered at Police Station Tikrapara, Raipur, Chhattisgarh for the offence punishable under Section 21 and 29(b) of the NDPS Act, 1985 and Section 25 of the Arms Act, 1959, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. the trial Court concerned for necessary information and co he tr Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri