1 2025:CGHC:61255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9077 of 2025 Sushil Rathiya S/o Chandan Rathiya Aged About 31 Years R/o Pelma, P.S. Tamnar, District Raigarh Chhattisgarh. --- Applicant versus State of Chhattisgarh Through Thana In-Charge, P.S. Tamnar, District Raigarh Chhattisgarh. --- Non-applicant Along with MCRC No. 9844 of 2025 Chhotu Yadav @ Karunakar Yadav S/o Benudhar Aged About 19 Years R/o Village - Kenapara, Police Station And Tahsil - Lailunga, District - Raigarh (C.G.) --- Applicant Versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Tamnar, District - Raigarh (C.G.) ... Non-applicant For Applicant (MCRC No. 9077 of 2025) For Applicant (MCRC No.9844 of 2025) : : Mr. Rajendra Tripathi, Advocate Mr. Ajeet Kumar Yadav, Advocate For Non-applicant/State : Mr. Nirtansh Jaiswal, Panel Lawyer RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 222/2025 registered at Police Station – Tamnar, District Raigarh (C.G.), for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The facts of the prosecution case, in brief, are that on 29.09.2025, during patrolling near Hijhar Tiraha within the jurisdiction of Police Station Tamanar, District Raigarh, Head Constable Vipin Patel seized prohibited narcotic substances from the accused persons. From Ashok Behera, a total of ten bottles (1000 ml) of Ornex Codeine Phosphate & Triprolidine Hydrochloride Syrup and three strips of prohibited narcotic capsules were recovered. From Lalit Gupta, ten bottles (1000 ml) of illegal narcotic syrup and one Vivo mobile phone were seized. From Sushil Rathiya, five bottles (500 ml) of illegal narcotic syrup and one Platina motorcycle bearing registration No. CG-13-BB-3242 were seized. The accused persons were arrested, their memorandum statements recorded, and during interrogation, accused Chhotu Yadav alias Karunakar 3 Yadav admitted to purchasing and selling narcotic tablets and syrup, from whom a touch-screen mobile phone (Narzo 50-i) was also seized. In total, 25 bottles aggregating to 2500 ml of Ornex Codeine Phosphate & Triprolidine Hydrochloride Syrup and 24 prohibited narcotic capsules were recovered. Thereafter, the Police has registered the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicants. 4. Mr. Rajendra Tripathi, learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as the allegations against him are false, baseless and malicious. It is further submitted that the said contraband article i.e. five bottles (500 ml) of illegal narcotic syrup was seized from the possession of the applicant, which less than commercial quantity. He has no criminal antecedents and is in jail since 29.09.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. Mr. Ajeet Kumar Yadav, learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as no prohibited cough syrup, tablets, or any incriminating material have been recovered from him. It is further submitted that the applicant was not present at the place of incident, and has been falsely roped into the case solely on the basis of the memorandum of co-accused. Moreover, the applicant recently sustained a leg fracture due to an accident and was confined to his home during the relevant period. Being a young 4 person and he has no criminal antecedents and is in jail since 29.09.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 6. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that however, the case diary contains evidence showing that the applicants were traveling in the said vehicle, which was following the co-accused who were carrying the said contraband article. It is further stated that videographic evidence has also been recorded, and information regarding the incident was communicated to the investigating ofÏcer and the concerned Magistrate on 03.09.2024. The claim that the vehicle was seized from its owner, Raju Sirdhar, on 27.01.2025, is incorrect, as the vehicle indeed belonged to him, and relevant documents were obtained from him. The discrepancy in the seizure memo dated 27.01.2025 appears to be an inadvertent mistake. However, the applicants actively participated in the crime and were following the vehicle carrying the said contraband article, which is much above the commercial quantity, their involvement in this organized crime is evident, as such, the applicants are not entitled to be released on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the facts of the case and the submissions made by learned counsel for the applicants, this Court notes that though the only five bottles (500 ml) of illegal narcotic syrup were recovered from Shushil Rathiya, which is less than the commercial quantity, 5 and no prohibited cough syrup, tablets, or any incriminating material were recovered from Chhotu Yadav alias Karunakar Yadav and he was not present at the place of the incident, being falsely implicated on the basis of the memorandum of co-accused. However, it is evident from the prosecution story and investigation that the offence involves a well-organized illegal trade in prohibited narcotic substances, as during patrolling on 29.09.2025, a total of 25 bottles aggregating to 2500 ml of Ornex Codeine Phosphate & Triprolidine Hydrochloride Syrup and 24 prohibited capsules, along with mobile phones and a motorcycle, were seized from multiple accused, who admitted to purchasing and selling the contraband. The seizure of even a small quantity from one accused or non- recovery from another does not diminish the seriousness of the offence, which was carried out in a coordinated and organized manner, affecting multiple persons and involving criminal conspiracy. In view of the organized nature of the crime, the involvement of multiple accused, and the quantities of prohibited substances recovered, this Court is of the considered opinion that the applicants are not entitled to bail at this stage, and accordingly, the bail applications are rejected. 9. Accordingly, the bail applications of the applicants – Sushil Rathiya and Chhotu Yadav @ Karunakar Yadav, involved in Crime No. 222/2025 registered at Police Station – Tamnar, District Raigarh (C.G.), for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 6 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. OfÏce 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 Rahul Dewangan