1 2025:CGHC:22623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3794 of 2025 Ajay Kumar Chouhan S/o Late Sukhram Chouhan Aged About 24 Years R/o Village Bhelwa Tikara Police Station Chakradharnagar, District : Raigarh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station, City Kotwali Raigarh, District : Raigarh, Chhattisgarh ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.18/2025 registered at Police Station City Kotwali, District- Raigarh GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.10 16:26:31 +0530 2 (C.G.) for the offence punishable under Sections 20 (B) and 29 of Narcotic Drugs & Psychotropic Substance Act, 1985 (as per charge sheet) 2. Case of the prosecution, in brief, is that on 09/01/2025 the police authority on receiving secret information received from the informant, that in total 4 vehicles i.e. Grey color swift desire car, creta, tigor and creta cars owned by main accused Mahendra Singh along with Harjeet Singh and Kishan Kashyap were found on the spot i.e. Chandmari Square, Circuit House Raigarh and the rented house of the co-accused in Bande Ali Fatima Nagar House No. HIG-44 where the police found and seized a total of 111 kg of Ganja. It is further alleged that during the course of investigation the prosecution agency prepared CDR report and in the CDR the mobile no. of the present applicant was mentioned and only on the basis of suspicion the present applicant was made accused. Therefore the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that the Contraband is not seized from the possession of applicant and the arrest of the applicant is made only on the basis of the memorandum of one of the co-accused. He would submit that no provisions of the NDPS Act has been followed by the prosecution agency as the present applicant name has been taken by the other co-accused in his memorandum, and only on the basis of CDR report prepared by the prosecution agency the present applicant has been implicated in the present case. He would submit that bail application of co-accused namely Gopal Bhoy has been rejected in MCRC No. 3662 of 2025 on 3 09/05/2025. He would submit that the applicant is in jail since 11/01/2025, conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that there is CDR report of the conversation between the applicant and the co-accused, applicant used to take ganja from co-accused and sell it in the village and also considering the fact that bail application of co-accused namely Gopal Bhoy has been rejected in MCRC No. 3662 of 2025 on 09/05/2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Ajay Kumar Chouhan involved in Crime No.18/2025 registered at Police Station City Kotwali, District- Raigarh (C.G.) for the offence punishable under Sections 20 (B) and 29 of Narcotic Drugs & Psychotropic Substance Act, 1985, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri