1 2025:CGHC:22002 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 727 of 2025 1 - Vijay Singh Sarthi S/o Late Bhagbali Aged About 42 Years R/o Village Barbaspur, Korba, Presently Residing At Ward No-24, Budhwari Bazar, Korba, Tahsil And District- Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station- Chouki- C.S.E.B, Police Station- Civil Line Rampur, District Korba, Chhattisgarh ... Non-applicant For Applicant : Mr. Ravi Kumar Bhagat, Advocate. For Non-Applicant/State : Ms. Sunita Manikpuri, Dy. Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2025 1. This is the First bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who has been arrested in connection with Crime No. 148/2025 registered at Chouki -C.S.E.B., Police Station – Civil Line Rampur, District – Korba (C.G.), for the offence punishable under Section 132, 221, 296, 115(2), 351(2), 3(5) of the BNS. 2 2. The prosecution's case is that as per the F.I.R. lodged against the applicant, the complainant i.e. Assistant District Excise Officer (Mukesh Kumar Pandey) received secret information on 27/03/2025 at morning that one Monu Chouhan, use to sell 'Ganja', behind Budhwari Bazar Korba Medi. In this regard a raid party was prepared. The police has taken custody of Monu Chouhan who accepted the crime and further stated that the applicant herein namely 'Vijay Sarthi' is working under him for Rs. 500/- on daily basis and he involved in selling 'Ganja'. Sale Money is deposited with Vijay or Yogesh. Thereafter, the main accused i.e. Monu Chouhan was taken to present applicant's house. After some time applicant arrived at spot and then both Yogesh and Vijay Sarthi (applicant) have caused hindrance in the government work and further it was alleged that they used unparliamentary language against the Excise Head Constable and Constable. They made pressure to release main accused i.e. Monu Chouhan, and further by their act the search of house was not performed. The applicant along with Yogesh fled away from the spot. Therefore, on complaint the police have registered crime no. 148/2025 against present applicant, for commission of offence under Section 132, 221, 296, 115(2), 351(2), 3 (5) of BNS. Hence this Anticipatory bail application for applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the applicant has no connection with accused Monu Chouhan or Yogesh. Since the present applicant is the sole breadwinner and his family is totally dependent upon him and if the applicant is arrested his family will suffer irreparably, therefore, he prays for grant of anticipatory bail to the 3 applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits that the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel appearing 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, and also considering the fact that the applicant alongwith other co-accused is involved in the illegal sale of contraband, this Court is of the opinion that it is not a fit case to enlarge the applicant on anticipatory bail. 7. Accordingly, the first bail application of the applicant – Vijay Singh Sarthi, involved in Crime No. 148/2025 registered at Chouki - C.S.E.B., Police Station – Civil Line Rampur, District – Korba (C.G.), for the offence punishable under Section 132, 221, 296, 115(2), 351(2), 3(5) of the BNS is rejected. 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 Jyoti