1 2025:CGHC:52354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8445 of 2025 Raja Khateek @ Raja Sonkar S/o Lalman Sonkar Aged About 33 Years Occupation Private Work, R/o Behind Shiv Parvati Mandir, Bharatipur, P.S. Omti, District Jabalpur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Komkhana, District Mahasamud (C.G.) ... Respondent(s) For Applicant(s) : Mr. Brajesh Rajak and Mr. Govind Vishwakarma, Advocates. For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 138/2024 registered at Police Station Komkhana, District Mahasamud (C.G.), for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 26.10.2024, acting on information received from an informer, the Komakhan Police Station set up a blockade in front of the Chorbhatti Forest Department Rest House. During the operation, the police noticed a blue TVS Jupiter scooter (without a number plate) moving ahead of a white Hyundai Verna car (registration no. OR 17 G 0211) as if piloting it. The police stopped both vehicles and questioned the occupants on suspicion. The scooter driver identified himself as Raja Choudhary, while the car driver identified himself as Akash Yadav, and the other passengers were Manish Choudhary and Raju Sahu. During interrogation, Raja Choudhary admitted that he was piloting the car, which was carrying illegal ganja in its rear trunk. Upon searching the white Hyundai Verna car, the police found three white plastic bags containing a total of 45.360 kilograms of ganja. All the accused persons were arrested on the spot, and a case was registered as Crime No. 138/2024 under Section 20(b) of the NDPS Act at Police Station Komakhan. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, having no nexus with the alleged incident, he is not named in the FIR, his name came into light from the memorandum statement of co- 3 accused, Akash Yadav. He further submits that on the basis of C.D.R., it is alleged that the applicant had contacted with the co- accused persons who were found carrying the contraband article i.e. 45 Kgs of Ganja, which is much above the commercial quantity, however, the said C.D.R., on which the prosecution is relying, has not been brought on record. He also submits that the applicant is suffering from gallbladder stones, due to which he has been admitted to a hospital in Raipur. So far as the status of the trial is concerned, one seizure witness and one independent witness have turned hostile before the trial Court, the applicant has ten criminal antecedents in the State of Madhya Pradesh, out of which, in most of the cases, the applicant has already been acquitted, details of which have been mentioned in para 4-A of the bail application filed on behalf of the applicant and copies of which have been annexed as Annexure A/5. The applicant is in jail since 25.07.2025 and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant 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 it is true that no recovery of any contraband article has been made from the possession of present applicant, but from the evidence which has been collected during the course of investigation, goes to show that the applicant is the master mind 4 behind the illicit trafficking of narcotic substances i.e. 45.360 kilograms of ganja, which was being carried by the co-accused persons and is much above the commercial quantity as notified under the NDPS Act. He also submits that the applicant allured the co-accused persons and paid Rs.25,000/- cash to the said co- accused to commit the alleged offence, so far as the criminal antecedents of the applicant are concerned, applicant has ten criminal antecedents in the State of Madhya Pradesh, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it prima facie appears that the contraband article i.e. 45.360 kilograms of ganja, recovered from three white plastic bags found in a white Hyundai Verna car in which the co-accused persons, Akash Yadav (driver), Manish Choudhary, and Raju Sahu (passengers) were present. The said Verna car was being piloted by co-accused Raja Choudhary, who was riding a scooter ahead of the car. The recovered ganja, found in the rear trunk of the car is above the commercial quantity as specified in the Schedule under the NDPS Act., further the investigation revealed that the ganja was being transported on the instructions of Dhannu Seth, a resident of Balangir district, Odisha, to be delivered to Raja Khateek alias Raja Sonkar (present applicant) of Jabalpur, Madhya Pradesh, for illegal sale 5 and distribution, which indicates prima facie involvement of the applicant along with co-accused persons in the organized illicit trafficking of narcotic substances, so far as criminal antecedents of the applicant are concerned, applicant has ten criminal antecedents in the State of Madhya Pradesh mentioned in para 4- A of bail application, which shows that the applicant is a habitual offender, though in most of the cases, he has been acquitted, but from perusal of the acquittal orders, it transpires that in some cases, the witnesses have turned hostile and in one case the matter has been compromised between the parties despite serious nature of the offence. So far as the status of trial is concerned, it has been argued that one seizure witness and one independent witness have turned hostile and the trial is in progress, but the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence, also considering the fact that the applicant is a resident of Madhya Pradesh, and if he released on bail, there is every likelihood that he may abscond, tamper with the evidence, or repeat the offence. 7. In view of the seriousness of the offence, I do not find any good ground to entertain the present bail application. 8. Accordingly, the bail application of the applicant - Raja Khateek @ Raja Sonkar, involved in Crime No. 138/2024 registered at Police Station Komkhana, District Mahasamud (C.G.), for the 6 offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial expeditiously. So far as the ailment of the applicant is concerned, the concerned Superintendent of Jail is directed to proceed for the treatment of the applicant as per jail manual. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance and the State counsel is also directed to communicate this order to the concerned Superintendent of Jail. - Sd/- (Ramesh Sinha) Chief Justice Akhil