1 2025:CGHC:35552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4710 of 2025 Anil Tripathi S/o Shri Minketan Tripathi Aged About 49 Years Occupation - Private Service, Permanent R/o Village- Thenganal, P/s. - Dugripali, District- Sonpur (Odisha) At Present R/o Govindpali, Bargarh, P/s. Town Bargarh, District- Bargarh (Odisha) ... Applicant versus State of Chhattisgarh Through - The S.H.O. Of The Police Station - Sariya, District- Raigarh (C.G.), (Now Distt.- Sarangarh Bilaigarh) ... Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 173/2021 registered at Police Station Sariya, District Raigarh (Now District Sarangarh - Bilaigarh) (C.G.), for the offence punishable under Section 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.25 11:42:33 +0530 2 Substances Act, 1985. 2. The prosecution story in short is that on 11.08.2021, around 3:00 p.m. at Kanchanpur Barrier, the main accused, namely Ganesar Bagarti, was coming from Odisha in his white-colored Apache motorcycle. He was stopped by the police, and a total of 10 kg of Ganja was found in a plastic bag beside the motorcycle. Based on the memorandum of Ganesar, the present applicant's name was disclosed, and the applicant was arrested on 14.05.2025. A charge sheet has been filed in the case. The main accused, Ganeshar Bagarti, has been enlarged on bail by this Hon'ble Court. A copy of the order of the main accused is being filed herewith and marked as Annexure A/2. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the said contraband article was not recovered from the possession of the present applicant. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He submits that the main accused, namely, Ganeshar bagarti has been enlarged on bail by this Hon'ble Court, Copy of the order of main accused is being filed herewith and marked as ANNEXURE A/2. He further submits that the applicant never ever absconded; he was continuous rendering his duty during that period. Copies of the experience letters of applicant's job place are being collectively filed herewith and marked as ANNEXURE A/3. He also submits that the present applicant has no criminal antecedents and he is in jail since 14.05.2025, conclusion of the trial may take some time, therefore, 3 he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the main accused, namely Ganesar Bagarti, from whose possession the contraband article, 10 kgs of Ganja, was recovered, and on the basis of his memorandum statement, the present applicant has been made an accused in the present case. She also submits that the applicant had been absconding since the time of the incident and was eventually arrested on 14.05.2025, therefore, he is not entitled for grant of regular 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 and the fact that the main accused, namely Ganesar Bagarti, from whose possession the contraband article, 10 kgs of Ganja, was recovered, and on the basis of his memorandum statement, the present applicant has been made an accused in the present case, moreover, the fact that as the matter pertains to the year 2021 and the applicant has been absconding since the incident took place and arrested on 14.05.2025, there is every likelihood, that if he is granted bail, he will abscond again, and further, hamper the trial, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant - Anil Tripathi, involved in Crime No. 173/2021 registered at Police Station Sariya, 4 District Raigarh (Now District Sarangarh - Bilaigarh) (C.G.), for the offence punishable under Section 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 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 Abhishek