1 2025:CGHC:499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7854 of 2024 Prem Narayan @ Sunny Chowdhary S/o Shri Ashok Chowdhary Aged About 30 Years R/o Katiyapara Juna Bilaspur (Wrongly Mentioned As June Bilaspur P.S. City Kotwali District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Ratanpur District - Bilaspur (C.G.) ... Respondent For Applicant : Mr. Shubham Dewangan, Adv. on behalf of Mr. Aman Sharma, Advocate. For Respondent(s) : Mr. Ajay Kumar Pandey, Govt. Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 03/01/2025 1. This is second bail application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail as he has been arrested in connection with Crime No. 3/2023, registered at Police Station Ratanpur, District Bilaspur (C.G.) for commission of offence punishable under Section 21(b) & 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985. His first bail application was dismissed as withdrawn by this Court vide order dated 31.10.2023 passed in M.Cr.C. No. 6141 of 2023. 2 2. Case of the prosecution, in brief, is that on the basis of information received from informant, police of Police Station Ratanpur, District Bilaspur seized 25 gms brown sugar from possession of co-accused namely Mohd. Javed, at that time, present applicant was accompanying him, as they were present on the spot with intention to sell the brown sugar, as such, Rs. 280/-, which was sold amount of the brown sugar, was seized from possession of the applicant. Based on above facts, present crime has been registered against the present applicant and co-accused Mohd. Javed. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case only because he was passing from the place of incident. He further submits that the applicant was not standing there along with co-accused Mohd. Javed and except Rs.280/-, no incriminating article has been seized from his possession and the amount seized was so meager and it was applicant’s own amount. It is further contended that this is first crime registered against the applicant, co-accused – Mohammad Javed has already been released on bail by the Co-ordinate Bench of this Court vide order dated 24.10.2024 passed in M.Cr.C. No. 7145 of 2024 and case of the applicant is not grievous, than co-accused Mohd. Javed. It is contended further that the applicant is in detention since 02.01.2023 and till date out of total 14 prosecution witnesses, only 4 witnesses have been examined, as such, conclusion of the trial is likely to take long time, hence, the applicant may be released on bail. 4. Per contra, learned counsel for the State while opposing the submission made by counsel for the applicant submits that trial is in progress and the same may be concluded at the earliest, hence, the bail application 3 filed by the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having heard learned counsel for the parties, having regard to the fact that alleged brown sugar was seized from the possession of co-accused – Mohd. Javed and except Rs.280/-, nothing incriminating articles have been seized from the possession of the applicant. According to the State counsel, as per case diary, no criminal antecedents have been reported against the applicant; further considering the fact that applicant is in custody since 02.01.2023 and conclusion of the trial is likely to take long time. Hence, considering the totality of the facts, I am inclined to release the applicant on bail. 7. Accordingly, the second bail application is allowed. It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall be released on bail on the following conditions. (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) He shall not involve himself in any offence of similar nature in future. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.01.04 17:35:54 +0530 4