1 2025:CGHC:45672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6918 of 2025 Rakesh Patel S/o Jageshwar Prasad Patel, Aged About 45 Years, Occupation Farmer R/o Village Chandhe, Post Duggava, Tehsil Mangava Distt. Rewa, M.P. ... Applicant versus State of Chhattisgarh Through P.S. Tumla District - Jashpur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Deepak Mishra and Mr. Abhishek Tiwari, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.19/2024, registered at Police Station – Tumla, District - Jashpur (C.G.) for the offence punishable under Sections 20(b)(ii)(e) and 29 of Narcotic Drugs and Psychotropic Substances Act. 2. As per prosecution story, on 13.03.2024, information was received from an informant by the police at Chowki Kolhenjhariya, Police PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.09 18:53:43 +0530 2 Station Tumla, District Jashpur (C.G.), stating that an Innova car bearing registration number U.P.-80-AU-4444 was coming from the Odisha side and heading towards Kolhenjhariya, carrying a large quantity of narcotic substance, i.e., Ganja. Acting on this information, the police, after following due legal procedure, reached the indicated location, intercepted the said vehicle, conducted a search, and recovered 23 kg 200 grams of Ganja from the co-accused persons. The contraband was found packed in 23 plastic packets kept in the rear side of the vehicle. Subsequently, an offence under Sections 20(b)(ii)(e) and 29 of the NDPS Act was registered, and the matter was investigated. A separate trial of the co-accused persons was conducted, and they were acquitted. The present applicant was later arrested on 11.06.2025. 3. It is respectfully submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the co-accused persons, namely, Rajesh Bokhra and Pratima Bokhra, have already been acquitted by the learned Trial Court vide judgment dated 30.04.2025. It is also submitted that although the applicant's Innova vehicle bearing registration No. U.P.-80-AU-4444 was found to have been used in the alleged offence, a supplementary charge-sheet was filed against him, and his trial was separated as he was absconding at the relevant time. The applicant submits that he had no knowledge of the present case. It is further submitted that the applicant has no previous criminal antecedents and that the charge-sheet has already been filed. The applicant has been in 3 judicial custody since 11.06.2025, and as the trial is likely to take considerable time to conclude, he prays that he may be released on bail. 4. On the other hand, the learned State Counsel opposes the present bail application and submits that the applicant had absconded at the time of the incident, due to which his trial was separated from that of the co-accused persons, namely, Rajesh Bokhra and Pratima Bokhra and were acquitted by the trial Court in the present case vide order dated 30.04.2025. The applicant was subsequently arrested on 11.06.2025. Therefore, the applicant cannot claim the benefit of the acquittal of the co-accused persons, as he was not available for trial and did not participate in the proceedings. It is further submitted that if the applicant is released on bail, there is every likelihood that he may again abscond, thereby hampering the trial. Moreover, the contraband article seized i.e. 23 kg 200 grams of Ganja was recovered from a vehicle (Innova, bearing registration No. U.P.-80- AU-4444) which is registered in the name of the applicant. This fact prima-facie connects the applicant with the offence. Therefore, the present bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant had absconded at the time of the incident, due to which his trial was separated from that of the co-accused persons, namely, Rajesh Bokhra and Pratima Bokhra and were 4 acquitted by the trial Court in the present case vide order dated 30.04.2025, the applicant was subsequently arrested on 11.06.2025, therefore, the applicant cannot claim the benefit of the acquittal of the co-accused persons, as he was not available for trial and did not participate in the proceedings, further if the applicant is released on bail, there is every likelihood that he may again abscond, thereby hampering the trial, moreover, the contraband article seized i.e. 23 kg 200 grams of Ganja was recovered from a vehicle (Innova, bearing registration No. U.P.-80-AU-4444) which is registered in the name of the applicant, 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 the applicant - Rakesh Patel involved in Crime No.19/2024, registered at Police Station – Tumla District - Jashpur (C.G.) for the offence punishable under Sections 20(b)(ii)(e) and 29 of Narcotic Drugs and Psychotropic Substances Act, is rejected at this stage. 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti