SHEIKH SARAFRAJ KHAN @ SONU v. STATE OF CHHATTISGARH
MCRC/10361/2025 · 2025-12-14
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56850 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56850 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:61060
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10361 of 2025 • Sheikh Sarafraj Khan @ Sonu S/o Sheikh Siraj Aged About 30 Years R/o Santoshi Nagar, P.S. Tikrapra, District : Raipur, Chhattisgarh
...Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Ganj, Raipur, District : Raipur, Chhattisgarh
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. B.L. Sahu, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025
1. This is 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.164/2025 registered at Police Station-Ganj, District- Raipur (C.G.), for the offence punishable under Sections 21 and 22 of Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that, police has given information by the informant that the unknown person has kept illegal ban medicine to sell in his possession and police has seized wincerex VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.16 17:33:10 +0530
2 cough syrup 23 nag plastic shishi 100 ml and 20 packet NRX Spasmo proxyvon plus capsule 18 strip each 8 nag capsules 144 nag 2880 nag capsules each 05 packet NRX Pyeevon Spas Plus plus capsule 30 strips each 8 nag capsule total 100 nag capsule and 07 pakect nitrosun -10 nag capsule 06 packet strips each 10 nag tables 01 packet 09 strips each strip 10 nag tables total 690 nag capsule ban medicine from place of incident and thereafter prepared the seizure memo and arrested the applicant and others accused persons on 28.06.2025 for alleged offence publishable under section 21, 22 of the N.D.P.S. Act. 3. Learned counsel for the applicant states that the applicant is innocent and he has been falsely implicated in the present case. He further submits that applicant has no previous criminal antecedent. He further submits that applicant is in jail since 28.06.2025 and charge-sheet has been submitted and further trial is in progress and the trial is likely to take considerable time for its conclusion, therefore, he prays for grant of bail to the applicant. 4.
Learned counsel for the State would oppose the bail application and submit that applicant has no previous criminal antecedent and the quantity of contraband article which was recovered from the present applicant i.e. wincerex cough syrup 23 nag plastic shishi 100 ml and 20 packet NRX Spasmo proxyvon plus capsule 18 strip each 8 nag capsules 144 nag 2880 nag capsules each 05 packet NRX Pyeevon Spas Plus plus capsule 30 strips each 8 nag capsule total 100 nag capsule and 07 packet nitrosun -10 nag capsule 06 packet strips each 10 nag tables 01 packet 09 strips each strip 10 nag tables total 690 nag capsule ban medicine, is above the commercial quantity and as such, the present applicant is not entitled to be released on bail. 3
5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the considering the quantity of contraband article which was recovered from the present applicant, which is above the commercial quantity as such, I do not find a fit case to release the applicant on bail hence, this bail application of the present applicant is rejected at this stage. 7. Accordingly, the bail application of the applicant – Sheikh Sarafraj Khan @ Sonu filed under Section 439 of the Cr.P.C., involved in Crime No. 164/2025 registered at Police Station-Ganj, District- Raipur (C.G.), for the offence punishable under Sections 21 and 22 of Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a further period of 4 months from today. 9. Office 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 vaishali