Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:49392
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7778 of 2025 Manjeet Sharma S/o Amarnath Sharma, Aged About 26 Years R/o Z-247, Second Floor, Block Z, Industrial Area, Loha Mandi, Narayana Vihar, Industrial Estate, South West Delhi- 10028. ... Applicant versus State of Chhattisgarh Through Police Station Incharge, P.S.- Kukdur, District - Kabirdham (C.G.)
... Non-Applicant For Applicant : None. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.09.2025
1. None appears on behalf of learned counsel for the applicant to press this bail application. The applicant is in jail since 29.01.2025, hence this Court proceeds to consider of this bail application with the assistance of learned State counsel. 2. This is the Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.26 15:40:02 +0530
2 Crime No. 0141/2024 registered at Police Station – Kukdur, District - Kabirdham (C.G.), for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. As per the prosecution's brief story, on 24.10.2024, Saini Prahlad Chandravshi, posted at Thana Kukdur, received credible information from a confidential informer that a Tata 1109 vehicle (Registration No. HR 55 AA 1148) was transporting a large quantity of Ganja, concealed under sacks of sugarcane, from Pandariya towards Bijaig, M.P., via the main road. The information was duly recorded in the station diary and communicated to senior officers. In compliance with their instructions, independent witnesses were summoned under Section 179 CrPC, and a blockade was set up on the main road near Thana Kukdur. The suspected vehicle was intercepted. The driver identified himself as Bablu Singh, and the passenger as Shivkumar Lodhi, both residents of Uttar Pradesh. They were informed of their legal rights and gave written consent for personal and vehicle search. From Shivkumar Lodhi: Aadhaar card, driving license, PAN card, ATM card, and one Vivo Android mobile phone are recovered. From Bablu Singh Chauhan: Aadhaar card, driving license, PAN card, RC card of the vehicle, cash amounting to ₹1020 and from the vehicle: 8 jute bags (B-1 to B-8) concealed under sugarcane, containing 47 packets (C-1 to C-47) of suspected Ganja, each wrapped in brown tape.
Samples (2g each) were taken from every packet, crushed, rubbed, and burned in the presence of witnesses. The smell confirmed the substance as Ganja. The total weight of the contraband was recorded as 245.105 kg. All items
3 including the vehicle, mobile phones, documents, and cash, valued at approximately Rs.71,48,645, were seized. The seized contraband was presented before the Hon’ble Judicial Magistrate, Pandariya, and sample testing was conducted in the presence of the Magistrate. On the basis of sufficient evidence, Bablu Singh and Shivkumar Lodhi were arrested on 24.10.2024. Their families were duly informed, and all necessary procedures, including the site map, were completed. 4. During investigation, it was revealed that the registered owner of the said vehicle is Manjeet Sharma, son of Amarnath Sharma, aged 22 years, resident of Naraina Industrial Estate, South Delhi. Based on the memorandum statements of co-accused and corroborative evidence, the applicant’s active involvement in facilitating the transport of the contraband was alleged. He was arrested on 29.01.2025, and his statement was recorded. His mobile numbers were obtained, and Call Detail Records (CDRs) were requisitioned, which, prima facie, established his alleged nexus with the co-accused. 5. The first bail application of the applicant was rejected by this Court on merit vide order dated 01.04.2025 passed in MCRC No. 2524/2025. 6. Learned counsel for the State opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the first bail application was rejected by this Court on merit vide order dated 01.04.2025 passed in MCRC No. 2554/2025 and as such, the
4 applicant is not entitled to be released on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8.
From perusal of the order dated 01.04.2025, it is apparent that the first bail application of the applicant was rejected on merits on the ground that the quantity of contraband article seized from the possession of the co-accused person i.e. 245.105 Kgs of Ganja, which is much above the commercial quantity, and the applicant's name has come into light from the memorandum statement of the co-accused person and the applicant is failed to give any explanation for the same and it could not be a case of false implication. The second bail application is filed on the ground that the vehicle in question, from which the contraband was seized, had already been sold by the applicant to one Mr. Tribhuvan Singh. However, the vehicle was not transferred in his name, and as per the RTO records, the applicant continues to be shown as the registered owner. 9. Accordingly, the second bail application of the applicant - Manjeet Sharma filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 0141/2024 registered at Police Station – Kukdur, District - Kabirdham (C.G.), for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 10. After passing of the order, Mr. Himansh Pandey, learned counsel for the applicant submits that his presence may be marked. 5
11. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 12. 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