1 2025:CGHC:20526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.491 of 2025 Shailendra Kumar Tamboli S/o Rajendra Kumar Tamboli Aged About 36 Years R/o House No. 5/247, Near Dewangan Dugdh Dairy, House Para, Simga, Police Station- Simga, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Shri Tarun Dansena appears on behalf of Shri Dharmesh Shrivastava, Advocates. For Non- Applicant/State : Ms. Anuradha Jain, PL. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 05.05.2025 1. This 1st anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the Applicant, who is apprehending his arrest in connection with Crime No.211/2020 registered at Police Station City Kotwali, Raipur, District Raipur for the offence punishable under Sections 21(C) of the NDPS Act. 2. Prosecution case in brief is that on 14.08.2020, at about 12.30 hrs, the police of PS City Kotwali received an information that three persons Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.05.06 18:56:35 +0530 2 namely Vishnu Soni, Yogesh Dewangan and Ajay Chouhan were travelling in a car bearing No.CG 04/MG-7537 in search of customer for selling 11 cartons total 1584 bottles banned Corex Syrup containing Codeine, each bottle containing 100 ml total 158.4 bulk liter and when the memorandum statement of co-accused Yogesh Dewangan was recorded, it was revealed that the present Applicant was involved to sell the said syrup to other co-accused namely Prem Kumar Jha. Based on such allegations, the offence has been registered. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question. He further submits that three accused i.e. Vishnu Soni, Yogesh Dewangan and Ajay Chouhan were acquitted by the Criminal Court in Special Criminal Case No.02/2021 on 30.06.2022 and other co-accused Prem Kumar Jha has also been granted anticipatory bail by the co-ordinate Bench vide order dated 05.09.2022 passed in M.Cr.C(A) No.529/2022 and the case of the present Applicant is also similar, therefore, he may be granted anticipatory bail. 4. Per contra, learned Counsel for the State opposed the said prayer. However, she fairly admits that the present Applicant got involved in the said crime only on the basis of memorandum statement of co-accused Yogesh Dewangan. She lastly submits that there are 2 criminal antecedents against the present Applicant i.e. under Sections 294 and 506-B/34 IPC pertaining to the year 2016 and 2011 respectively under Essential Commodities Act. 3 5. Considering the facts and circumstances of the case, looking to the nature of allegations and the submissions made, further considering that other 3 co-accused have already been acquitted by the trial Court and the present Applicant has been roped in the instant crime only on the basis of memorandum statement of co-accused and particularly considering that co-accused Prem Kumar Jha has been granted anticipatory bail by the co-ordinate Bench vide order dated 05.09.2022 passed in M.Cr.C(A) No.529/2022, this Court is of the opinion that present is a fit case where the Applicant deserves to be granted anticipatory bail. 6. Accordingly, the application is allowed and it is directed that in the event of arrest of the Applicant, on executing a personal bond for a sum of Rs 50,000/- with two sureties in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Deepak Kumar Tiwari) Judge Priya