Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45405
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7064 of 2025 Vijay Dhurandhar S/o Bhagwati Dhurandhar Aged About 39 Years R/o Street No. 4, Devendra Nagar Raipur Distt. Raipur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through - The Police Station Purani Bhilai District Durg Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Vipin Tiwari, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.09.2025
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 126/2025 registered at Police Station Purani Bhilai District Durg (C.G.) for the offence punishable under Section 20 (b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police Station Purani Bhilai, District Durg (C.G.), intercepted an XUV 500 vehicle AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 (Registration No. CG 22 AC 5656) being driven by accused persons Dhirendra Sharma and Yuvraj, and allegedly seized two packets of ganja (contraband) weighing 12.394 kg from them. On the following day, it came to light that the Dial 112 driver Anil Kumar Tandan and Constable Vijay Dhurandhar (the present applicant) had initially seized three packets of ganja from the accused but had allegedly shown seizure of only two packets in the records, while one packet was purportedly kept by them. Subsequently, one packet of ganja weighing 6.398 kg was recovered from the possession of Anil Kumar Tandan. Based on this, Crime No. 126/2025 was registered against the present applicant and other co-accused under Section 20(b)(ii)(B) of the NDPS Act, and the applicant was arrested on 01.04.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 19.06.2025, therefore this second bail application is filed on the ground that charge-sheet has been filed in the present case, the applicant is in jail since 01.04.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4.
On the other hand, learned State counsel opposes the bail application and submits that present applicant, who is constable posted with Dial 112, misused his official position during a ganja seizure operation conducted by Police Station Purani Bhilai on
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30.03.2025. According to the prosecution, three sacks of ganja were originally recovered from the accused persons during the operation, but only two sacks were officially recorded and processed. The remaining one sack of ganja was allegedly taken and concealed by Vijay Dhurandhar, in collusion with co-accused Anil Kumar Tandan, the driver of the Dial 112 vehicle, with the intent of illegally selling the contraband for personal financial gain, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 19.06.2025 in MCRC No. 4681 of 2025 on the ground that the applicant, who is constable posted with Dial 112, misused his official position during a ganja seizure operation conducted by Police Station Purani Bhilai on 30.03.2025 and three sacks of ganja were originally recovered from the accused persons during the operation, but only two sacks were officially recorded and processed and the remaining one sack of ganja was allegedly taken and concealed by present applicant, in collusion with co-accused Anil Kumar Tandan, the driver of the Dial 112 vehicle, with the intent of illegally selling the contraband for personal financial gain, further there appears to be no good ground to entertain the present bail application. 7.
7. Accordingly, the second bail application of the applicant- Vijay Dhurandhar, involved in Crime No. 126/2025 registered at Police
4 Station Purani Bhilai District Durg (C.G.) for the offence punishable under Section 20 (b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil