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2025 DAILYLAW 19639 (CHH)

B. PAWAN KALYAN v. STATE OF CHHATTISGARH

MCRC/3631/2025 · 2025-05-08

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Judgment text

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1 2025:CGHC:21707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3631 of 2025 B. Pawan Kalyan S/o B. Sadanadam Aged About 24 Years R/o G Cabin Charoda Police Station Grp, Bhilai District Durg Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station, Bhilai Nagar, District Durg Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No.510/2024 registered at Police Station Bhilai Nagar, District Durg (C.G.) for the offence punishable under Section 8, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). 2. The prosecution story in brief, is that, on 15.12.2024, on a secret information being received by the police Station, Bhilai Nagar that one inknown person is trying to sell some NDPS substance at PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.12 11:18:05 +0530 2 income tax colony, near Income Tax building Section-6 Bhilai, the concerned police reached on the above spot and recovered OHMS (TM) Alprazolam tablet 0.5 in 61 strips total 1280 number of tablets, weighing 294.98 grams from their possession. Thereafter, the police registered above mentioned offence against the applicant. 3. It has been 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 the applicant is a 24 year young man and he is not involved in the above offence. Further, nothing has been recovered from the exclusive possession of the present applicant. The prosecution has made out the alleged offence against the present applicant only on the basis of doubt but there is violence of mandatory provision of section 50 of NDPS act. There is no any material evidence against the present applicant and there is no eye witness to prove the case of prosecution. Lastly, the applicant is in jail since 15.12.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that from the possession of present applicant OHMS (TM) Alprazolam tablet 0.5 in 61 strips total 1280 number of tablets, weighing 294.98 grams has been seized, which is much more than the commercial quantity. Hence the present bail application are also liable to be rejected. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the nature and gravity of the offence and the fact that from the possession of present applicant OHMS (TM) Alprazolam tablet 0.5 in 61 strips total 1280 number of tablets, weighing 294.98 grams has been seized, which is much above the commercial quantity as such, though the applicant is languishing in jail since 15.12.2024 and charge-sheet has been filed, it would not be justified to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused – B. Pawal Kalyan involved in Crime No.510/2024 registered at Police Station Bhilai Nagar, District Durg (C.G.) for the offence punishable under Section 8, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti