PREMCHAND MEHAR @ PREM MEHAR v. STATE OF CHHATTISGARH
MCRC/4747/2025 · 2025-07-23
body2025
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[ 2025 DAILYLAW 29197 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29197 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:35832
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4747 of 2025 Premchand Mehar @ Prem Mehar S/o Jogeshwar Mehar Aged About 39 Years R/o Gajrajpur, Police Station Bausuni, District Bhoudh (Odisha) ...Applicant
versus State Of Chhattisgarh Through Station House Office, Police Station Sariya, District : Sarangarh-Bilaigarh, Chhattisgarh. ... Non-Applicant
For Applicant : Mr. Shikhar Sharma, Advocate. For Non-Applicant/State : Mr. Sakib Khan, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2025 registered at Police Station – Sariya, District – Sarangarh - Bilaigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act,1985. 2. As per the prosecution story in brief is that, upon the information given by informer, the police stopped one Car bearing Registration Number VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.25 19:08:23 +0530
2 / 3 CG-10/EM-1400 and when the persons sitting in the Car, see the police, who of them got absconded and two persons found sitting in the Car, who were got arrested and total 10 KG of contraband Ganja was seized from their possession, which was kept inside the Car and during the investigation, the memorandum statement was recorded and as per the memorandum statement, the present applicant have been made accused in this case. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. He has neither committed nor participated in any act that would constitute an offence. The prosecution’s evidence is not prima facie sufficient to establish his guilt, and the contraband (ganja) was not recovered from his exclusive possession. His implication is based solely on a memorandum statement, without independent corroboration. Furthermore, three co- accused have already been granted bail by this Hon’ble Court (Annexure A-2). The applicant has been in judicial custody since 26- 04-2025, and the charge sheet has already been filed. Considering the long duration of his detention, he prays for the grant of regular bail. He is a permanent resident, poses no flight risk, is willing to furnish surety, and will abide by all conditions imposed by the Court.
The applicant also reserves the right to raise further grounds at the time of hearing, therefore, he prays for enlarging the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant
5. I have heard learned counsel appearing for the parties and perused the case diary. 3 / 3
6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant has one criminal antecedent of the year 2013 under the NDPS Act for which the applicant has preferred CRA No. 32 of 2016 which was decided by the Hon’ble Division Bench of this Court on 18.07.2025 in which the conviction of the applicant under Section 20(B) of NDPS Act has been affirmed and period of sentenced has been reduced from R.I. 12 years to R.I. 10 years, this Court is of the considered opinion, that the present bail application of the applicant is entitled to be rejected. 7. Accordingly, the Second bail application of the applicant – Premchand Mehar @ Prem Mehar, involved in Crime No. 09/2025 registered at Police Station – Sariya, District – Sarangarh, Bilaigarh (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act,1985, is rejected. 8. 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 vaibhav