Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:25402
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3495 of 2025 1 - Maksood Ansari S/o Sirajuddin Aged About 48 Years R/o Village Panchayat Karoundamuda, Mohalla Manwarpara, Police Station And Tehsil Bhaiyathan, District Surajpur (C.G.)
... Applicant versus 1 - State of Chhattisgarh Through Police Station Patna, District M.C.B. (C.G.)
... Respondent For Applicant : Ms. Hamida Siddqui, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 18.06.2025
1. This is First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 78/2025 registered at Police Station – Patna, District – MCB (C.G.) for the offence punishable under Section 20(B) of NDPS Act.
2. as per the prosecution story, the police has seized of 74.450 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.24 10:28:06 +0530
2 KG of Ganja was found including Sacks and packets. Memorandum Satement of accused Bahadur Ram Kurrey and Yogesh Ku. Kurrey was recorded which revealed that they were bringing the said Ganja to sell on the instructions of applicant/accused Maksood khan, resident of karoundamuda, District Surajpur.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. She submits that there is no link to connecting the applicant with co-accused, whose possession the contraband has been seized and only on the basis of memorandum statement of the co-accused, applicant has been arrested. She also sub,its that there is no previous criminal antecedents against the present applicant. She also submits that the present applicant is in jail since 03.04.2025 and conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant.
4. On the other hand, learned State counsel, opposes the bail application and submits that challan has not been filed in this case and co-accused namely Bahadur Kurrey and Yogesh Ku. Kurrey were caught hold by the police and they revealed the name of the applicant and said Ganja to sell on the instructions of present applicant therefore, the present applicant is not entitled for grant of regular bail. Thus, the bail application deserves to be rejected.
3
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case,
submissions of learned counsel for the parties, nature of dispute and material available in the case diary, looking to the quantity of contraband, it transpires that in the present case co-accused namely Bahadur Kurrey and Yogesh Ku. Kurrey were caught hold by the police and they revealed the name of the applicant and said contraband to sell on the instructions of present applicant, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.
7. Accordingly, this second bail application of applicant – Maksood Ansari involved in Crime No. 78/2025 registered at Police Station – Patna, District – MCB (C.G.) for the offence punishable under Section 20(B) of 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali