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2025 DAILYLAW 50227 (CHH)

BIRIJESH PANDEY @ PINTU MAHRAJ (WRONGLY TYPE IN IMPUGNED ORDER) v. STATE OF CHHATTISGARH

MCRC/5186/2025 · 2025-08-10

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:40256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5186 of 2025 1 - Birijesh Pandey @ Pintu Mahraj (Wrongly Type In Impugned Order) S/o Gulabchand Pandey Aged About 42 Years R/o D-20, Rajpurkhurd, Thana - Nevsarai, New Delhi, Present Address - Bind Basti Shivdaspur, Thana - Mudwadihe, District Varanashi Uttar Pradesh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station - Koni, District - Bilaspur Chhattisgarh ... Non-Applicant For Applicant : Shri Sanjay Kumar Yadav, Advocate. For Non-Applicant : Miss Anuradha Jain, Panel Lawyer. Hon'ble Shri Deepak Kumar Tiwari, J Order On Board 11/08/2025 : 1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.328/2021 registered at Police Station Koni, District Bilaspur for offence under Section 21 & 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985. 2. Allegation against the present applicant is that the present applicant, who is the resident of Banaras (UP) used to supply the alleged contraband i.e. Eskuf Cough Syrup to the main accused Abhishek Mishra for distributing the same in Bilaspur. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.08.12 11:44:38 +0530 2 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The main accused from whom the seizure has been effected has already been released on bail by this Court vide order dated 5.8.2022 passed in MCRC No.6699/2022, and only on the basis of memorandum of the co-accused the present applicant has been roped in the offence. He is in jail since 10th May, 2025. Considering this aspect, the applicant may be released on bail. 4. On the other hand, learned State Counsel would oppose the bail application on submission that the applicant has no criminal antecedents. 5. Considering the submission of the parties, particularly considering the fact that the main accused has already been released on bail from whom the alleged cough syrup has been seized and only on the memorandum of co-accused, the present applicant has been roped in the offence, though the present applicant is the supplier but no recovery has been made during investigation, this Court is of the opinion that the present applicant can be released on bail. 6. Accordingly, the Application is allowed and the Applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with 2 sureties for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Deepak Kumar Tiwari) Judge Barve