1 2025:CGHC:28800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4947 of 2025 Tanmay Goinde Urf Chintu S/o Late Pramod Goinde Aged About 26 Years R/o Mahavir Nagar, Gulmohar Vatika (Wrongly Mentioned As Golmohna Vatika), Near Super Market, Rajendra Nagar, Raipur, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Aamanaka, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ankur Agrawal, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 109/2025, registered at Police Station Aamanaka, District Raipur (CG) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 21(b) of NDPS Act and Section 111 of BNS. 2. The prosecution story in brief, is that upon receiving information from an informer, the Police searched the main accused, Md. Sohail Khan, near the gate of Kedia Business Park, Chandandih, on April 12, 2025. During the search, 14 grams and 29 milligrams of Heroin (Chitta) was found in the possession of the main accused. The main accused was accompanied by the present applicant and other co-accused at the time of the incident. The police arrested the main accused and the applicant, and subsequently implicated the applicant under the aforementioned offence. A charge sheet was filed against the applicant before the Special Judge (NDPS) in Raipur, Chhattisgarh. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that applicant was driving the motorcycle on which the accused Md. Sohail Khan was sitting and was carrying contraband article i.e. 14.29 grams of Herion (Chitta). He further submits that applicant had no knowledge that the said co-accused was carrying the contraband article. The applicant is in jail since 13.04.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in 3 the present case before the competent Court. She further submits that 14.29 grams of Heroin (Chitta) was found in the possession of the main accused and he was accompanied by present applicant. She also submits that there are 10 accused persons, out of which 4 have been arrested and 6 persons are still absconding, some of the accused persons belongs to Punjab, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that applicant has no knowledge that the co-accused, Md. Sohail Khan sitting in the pillion seat was carrying contraband article i.e. 14.29 grams of Heroin (Chitta) in his possession and on a pointed query being made from learned counsel for the applicant that in which paragraph the said pleadings have been made, but it is stated by him that no such pleadings have been made in the bail application, as such, without expressing any opinion on the merits of the case, 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-Tanmay Goinde Urf Chintu, involved in Crime No. 109/2025, registered at Police Station Aamanaka, District Raipur (CG) for the offence punishable under Section 21(b) of NDPS Act and Section 111 of BNS, is 4 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. Sd/- (Ramesh Sinha) Chief Justice Akhil