1 2025:CGHC:28264 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3680 of 2025 Ashok Yadav S/o Late Aaju Yadav Aged About 30 Years R/o Village Patharri, Post Salheghori, P.S. Lormi, District Mungeli (C.G.) Presently- Old Kasol Little Italy, Purple House, P.S. Manikaran District Kullu, H.P. ...Applicant versus State Of Chhattisgarh Through P.S. Tikrapara, District Raipur, (C.G.) ... Respondent For Applicant : Shri R.K. Jain and Smt. Kiran Jain, 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, Distt.- Raipur (C.G.), for the offence punishable under Section 21(b) and 29 of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:37:28 +0530 2 the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act. 2. Case of the prosecution, in brief, is that upon receiving information from an informant, the police took the accused, Shubham Soni, into custody on 23.09.2024. He was found in possession of 31.88 grams of charas, 98 MDMA tablets weighing approximately 45.08 grams, and one iron pistol without a magazine. Following his memorandum, the police arrested other accused individuals, including the applicant. The police seized 135 grams of charas from the applicant and subsequently implicated him under the relevant section, filing a charge sheet against him before the Special Judge (NDPS) in Raipur, Chhattisgarh. 3. Learned counsel for the applicant submitted that the first bail application of the applicant was rejected by this court on 21/02/2025 as the applicant has failed to given an explanation with respect to the contraband article charas which was recovered from him which was stated to be 135 gms of charas and it is been stated that after the charge sheet the said quantity has come to 97.97 gms and the said quantity is less than the small quantity also less than the commercial quantity. 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 01/10/2024 and bail application of the co- accused Subham Soni was also rejected on 17/01/2025 in MCRC No.7390 of 2024 from whom various types of contraband articles 3 were recovered above the commercial quantity, therefore, he prays for releasing the applicant on regular bail. 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 Abhishek Sahu 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.1499/2025. 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 Abhishek Sahu and one Lokesh Agrawal were involved in the sale and purchase of 4 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. 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- Ashok Yadav, involved in Crime No. 735/2024 registered at Police Station Tikrapara, Distt.- Raipur (C.G.), for the offence punishable under Section 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act., 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