Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 54031 (CHH)

VIKAS KUMAR MEHTA v. STATE OF CHHATTISGARH

MCRC/5184/2025 · 2025-07-03

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:30589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5184 of 2025 Vikas Kumar Mehta S/o Vinod Mehta, Aged About 22 Years R/o Devgayi, Police Chowki - Tatapani, Police Station - Ramanujganj, District - Balrampur-Ramanujganj, (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Chowki- Tatapani, Police Station - Ramanujganj, District - Balrampur- Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 22.07.2024. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. This is the second bail application 昀椀led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 to the applicant who has been arrested in connection with Crime No. 147/2024 registered at Police Station Tatapani, Police Station - Ramanujganj, District - Balrampur-Ramanujganj (C.G.) for the o昀昀ence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. Case of the prosecution, in brief, is that the applicant/accused was arrested by the Tatapani police outpost, Ramanujganj police station, on July 22, 2024, in connection with Crime No. 147/2024 under Section 21(C) of the NDPS Act. The allegation against the applicant that he had received illegal narcotic injections from Bittu Sharma, packaged them, and was transporting them to Ambikapur by bus. During this time, upon the accused's disclosure, a parcel containing 35 Avil 10 ml injections and 35 Buprenorphine Injection IP Talgesic 2ml injections was recovered from under the driver's seat of the bus, near the Tatapani outpost. Hence, the bail application. 5. It transpires from the bail application 昀椀led by the applicant that 昀椀rst bail application of the applicant was rejected by this Court on merits vide order dated 12.12.2024, therefore this second bail application has been preferred on his behalf on the ground that the seizure witnesses have turned hostile before the learned trial Court. 6. Learned State counsel opposes the bail application and submits that from the possession of applicant 35 Avil 10 ml injections and 35 Buprenorphine Injection IP Talgesic 2ml injections recovered, which is much above the commercial quantity, as such, applicant is 3 not entitled for grant of bail. 7. I have perused the case diary. 8. Considering the ground taken by the applicant in the bail application that as the seizure witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 9. From perusal of the records, it transpires that this is the second bail application of the applicant and 昀椀rst bail application of the applicant was rejected by this Court vide order dated 12.12.2024 in MCRC No. 8705 of 2024 on the ground that the contraband article seized from the possession of the applicant was much above the commercial quantity, further there appears to be no new ground. 10. Accordingly, the second bail application of the applicant- Vikas Kumar Mehta, involved in Crime No. 147/2024 registered at Police Station Tatapani, Police Station - Ramanujganj, District - Balrampur-Ramanujganj (C.G.) for the o昀昀ence punishable under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 12. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil