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2025 DAILYLAW 35402 (CHH)

ANWAR ALI @ PAPPU KHAN v. STATE OF CHHATTISGARH

MCRC/5715/2025 · 2025-07-21

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:34940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5715 of 2025 Anwar Ali @ Pappu Khan S/o Azad Mohamad, Aged About 46 Years R/o Village Bharatpur Police Station Janakpur District - Manendragarh Chirmiri Bharatpur (In Short M.C.B.) (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station Janakpur District - Manendragarh Chirmiri Bharatpur (In Short M.C.B.) (C.G.) ... Respondent For Applicant : Mr. Harsh Verma, Advocate For Non- applicant/State : Ms. Saumya Sharma, Panel lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.07.2025 1. The applicant has preferred this second bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 227/2024, registered at Police Station – Janakpur (C.G.) for the alleged commission of offence punishable under Section 21(c) of the Narcotics, Drugs and Psychotropic ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.24 18:15:05 +0530 2 Substance Act, 1985. First bail application of the applicant was rejected on merits vide order dated 27.06.2025 in MCRC No. 4104 of 2025. 2. The story in brief is such that on 21.11.2024 the concerned police of the Police Station received a secret information from an informer that the applicant and his co-partner coming from village Dadri District-Sidhi (M.P.) towards Janakpur in a motorcycle and is having illegal intoxicated syrup for the purpose of sale. On the basis of such information the concerned police reached on the spot, stopped the applicant as well as the co-accused, enquired them and recovered 120 pieces of Onrex Cough Syrup bottles from there possession. Based upon which investigation was carried out and thereafter crime was registered for an offence punishable under Section 21(c) of the Narcotics Drugs & Psychotropic Substances Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant is languishing in jail since 21.11.2024 and during the first bail application, the counsel for the applicant was not in knowledge that the two witnesses 3 have already been examined by the Court concerned. He further submits that applicant is ready to furnish adequate surety and he shall abide all the directions and conditions which may be imposed upon him by this Court. Hence he prays for enlarging the applicant on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant is involved in the case, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, it is pertinent that two witnesses have been examined by the trial Court, the trial is in progress. The bail of the other co-accused has been rejected by this Court. Moreover, the first bail application of the applicant was rejected on merits by this Court vide order dated 27.06.2025 in MCRC No. 4104 of 2025 , therefore, I am not inclined to grant bail to the applicant. 4 7. Accordingly, the bail application of the applicant –Anwar Ali @ Pappu Khan, involved in Crime No.227/2024, registered at Police Station – Janakpur (C.G.) for the alleged commission of offence punishable under Section 21(c) of Narcotic Drugs & Psychotropic Substances Act, stands rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. sd/- (Ramesh Sinha) Chief Justice Alfiza