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2025 DAILYLAW 47294 (CHH)

BALESHWAR @ SAGAR RAJWADE v. STATE OF CHHATTISGARH

MCRC/9223/2025 · 2025-11-16

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Judgment text

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1 2025:CGHC:55881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9223 of 2025 • Baleshwar @ Sagar Rajwade S/o Late Ramkaya Aged About 25 Years R/o Village- Khokhapara, Post- Chungadi, Police Station- Bhatgaon, District- Surajpur (C.G.) ...Applicant versus • State Of Chhattisgarh Through- S.H.O. Police Station- Bhatgaon, District- Surajpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravindra Sharma, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.11.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.145/2024 registered at Police Station – Bhatgaon, District – Surajpur (C.G.) for the offence punishable under Section 21(C) and 27 of the NDPS Act, 1985. 2. First bail application of the applicant was rejected on merit by this Court vide order dated 31.01.2025 passed in MCRC No.888/2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.19 10:49:57 +0530 2 3. Case of the prosecution, in brief, is that on 11.11.2024, Police has received the secret information from the informant with the averment that the applicant at his kirana shop selling illegal drugs to random people. Thereafter without causing any further delay that the present applicant was in possession of 11 Talegesic injection 2 ml. Each, 7 Buprenorphine injection and avail injection. Moreover, the other co-accused namely Sonu @ Manai Rajwade 1 broken vials of buprenorphine injection and one avil injection was seized and from another co-accused namely Shreedev Dewangan one broken vials of buprenorphine injection and one avil injection was seized, thereafter, the offence has been registered against the applicant and co-accused, hence, this bail application. 4. Learned counsel for the applicant submits that applicant is a innocent and has been falsely implicated in the present case. He further submits that in the present case the investigation authority has not collected any material evidence against the present applicant and there is so many discrepancies in the police investigation instead of that applicant have been arrested without any sound of reason. He further submits that applicant is in jail since 11.11.2024 and conclusion of the trail is likely to take quite lone time for its conclusion, therefore, he prays for releasing the applicant on regular ball. 5. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that 11 Talegesic injection 2 ml. Each, 7 Buprenorphine injection and avail injection. Moreover, the other co-accused namely Sonu @ Manai Rajwade 1 broken vials of 3 buprenorphine injection and one avil injection was seized and from another co-accused namely Shreedev Dewangan one broken vials of buprenorphine injection and one avil injection was seize, which is much above the commercial quantity, as such, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature of offence, submissions made by learned counsel for the parties and considering the fact that the first bail application of the applicant was rejected on merit by this Court vide order dated 31.01.2025 passed in MCRC No.888/2025 and from perusal of the case diary, it transpires that the article which has been seized from the possession of the applicant is much above the commercial quantity, further the applicant has failed to give explanation for the same and it cannot be a case of false implication, on which basis the first bail application of the applicant was rejected by this Court, further it appears that no new ground has been taken by the applicant for his second regular bail, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this second bail application of applicant – Baleshwar @ Sagar Rajwade involved in Crime No.145/2024 registered at Police Station – Bhatgaon, District – Surajpur (C.G.) for the offence punishable under Section 21(C) and 27 of the NDPS Act, 1985. is rejected at this stage. 4 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 vaishali