1 2025:CGHC:31406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5253 of 2025 Sudarshan Prasad Gupta S/o Rameshwar Gupta Aged About 30 Years R/o Village Ghorghadi, Police Station Rajpur District Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Pasta, District- Balrampur- Ramanujganj (C.G.) ... Respondent For Applicant : Shri Rohitashva Singh, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 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.35/2024 registered at Police Station Pasta, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 21(C) of N.D.P.S. Act. 2. Case of the prosecution, in brief, is that Police had received secret GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.15 10:43:15 +0530 2 information on 24.04.2024 to the effect that some suspected persons are in their Motorcycle in village Padhi National highway no 343 near Suraj dhaba and trying to sell out intoxicated injections, and when they reached the spot and enquired and they found and seized 200 Pcs. Avil injection (each contains 2 ML) and IPPL Buprenorphine injection 200 pce. in 8 Boxes (each contains 2 ML) when police asked for licenses and permit they did not produce any document regarding that injection, then crime was registered against the applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 24.04.2024. He further submits that there is high possibility of delay in the trial as till date seven prosecution witnesses have been examined. He further submits that the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and the contraband article which have been recovered from the possession of the applicant, is above the commercial quantity and the conclusion of the trial is likely to take some time, therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the quantity of contraband article which has been recovered from the possession of the applicant, is much above the commercial quantity and it cannot be a case of false implication. He would submit that seven prosecution witnesses have been examined and bail application of the co-accused namely Ajay Jaiswal has been rejected by this Court in MCRC No.273 of 2025 on 13/01/2025. Hence the present applicant is not entitled to be released 3 on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant, is much above the commercial quantity and the applicant has not been able to give an explanation for the same, it cannot be a case of false implication and further seven prosecution witnesses have been examined and bail application of the co-accused namely Ajay Jaiswal has been rejected by this Court in MCRC No.273 of 2025 on 13/01/2025, thus, this Court is not inclined to release the present applicant on bail. 7. Accordingly, the bail application of applicant Sudarshan Prasad Gupta involved in Crime No.35/2024 registered at Police Station Pasta, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 21(C) of N.D.P.S. Act, 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