1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9235 of 2025 • Himanshu Dubey S/o Vinod Dubey Aged About 25 Years Occupation- Proprietor- Pharmacy Shop- Maa Vaishno Pharma, R/o Ward No. 43, Darripara, Ambikapur, P.S. Ambikapur District Sarguja (C.G.) (Wrongly Mentioned As Manipur In Impugned Order) ... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S. Ambikapur, District Sarguja (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Apoorva Tripathi, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/11/2025 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.201/2025 registered at Police Station-Ambikapur, District- Sarguja (C.G.), for the offence punishable under Sections 29 and 22(C) of Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that, the applicant has been implicated in the present offence on the basis of the memorandum statement of the main accused one Sameer Ali, who has alleged that, he has purchased certain contraband items from the present applicant. Further the case of the prosecution is that on 22.03.2025, the co-accused Sameer Ali along with a minor in conflict with law were apprehended from site in front of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.19 10:49:57 +0530 2 Sanjay Park, Ambikapur. They were found in possession narcotic injections NRX Buprenorphine injection IP 0.3 mg/ml, 410 pieces of Rexogesic 2 ml and 110 pieces of Pheniramine maleate Injection IP, Avil 10 ml in the trunk of a white Alto Car No.CG 15 B 7602, which was meant for sale, which were recovered and seized. During the interrogated the co-accused stated to have obtained those injections from the present applicant. Therefore, aforesaid offences have been registered against the present applicant, hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. He further submits that applicant has no previous criminal antecedent and only on the basis of memorandum statement of the co-accused one Sameer Ali, present applicant has been implicated in crime in question. He further submits that narcotic injections NRX Buprenorphine injection IP 0.3 mg/ml, 410 pieces of Rexogesic 2 ml and 110 pieces of Pheniramine maleate Injection IP, Avil 10 ml in the trunk of a white Alto Car No.CG 15 B 7602, have been seized from the possession of the co-accused, whereas no recovery has been made from the present applicant. He also submits that applicant is in jail since 10.09.2025 and applicant’s sister’s wedding scheduled to be held from 18.11.2025 to 20.11.2025 and the presence of the applicant is required for performing the marriage rituals and conclusion of the trial is likely to take quite long time, therefore, the applicant may be granted bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that charge-sheet has been filed in this case. He further submits that applicant has not previous criminal antecedent and in the present case narcotic injections NRX Buprenorphine injection IP 0.3 mg/ml, 410 pieces of Rexogesic 2 ml and 110 pieces of Pheniramine maleate Injection IP, Avil 10 ml in the trunk of a white Alto Car No.CG 15 B 7602, have been seized from the possession of the co-accused namely Sameer Ali and as per the memorandum statement of the co-accused Sameer Ali, he purchased aforesaid narcotic injections for sale from the 3 present applicant. He further submits that there was some call details also available between the applicant and co-accused one Sameer Ali, as such, the present applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, allegation levelled against the present applicant, involvement of the present applicant and also considering the memorandum statement of the co-accused one Sameer Ali and call details of the co-accused Sameer Ali and present applicant, which goes to show that the involvement of the applicant in the present case, it appears that it cannot be a case of false implication, as such I do not find a fit case to release the applicant on bail hence, this second bail application of the present applicant is rejected at this stage. 7. Accordingly, the bail application of the applicant – Himanshu Dubey filed under Section 439 of the Cr.P.C., involved in Crime No.201/2025 registered at Police Station-Ambikapur, District- Sarguja (C.G.), for the offence punishable under Sections 29 and 22(C) of Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. Considering the fact that applicant’s sister’s wedding scheduled to be held from 18.11.2025 to 20.11.2025 and the presence of the applicant is required for performing the marriage rituals, I hereby direct that applicant, Himanshu Dubey, confined in jail in Crime No.201/2025 registered at Police Station-Ambikapur, District- Sarguja (C.G.), for the offence punishable under Sections 29 and 22(C) of Narcotic Drugs and Psychotropic Substances Act, shall be taken in police custody for attending rituals (Wedding Ceremony) which is scheduled to be performed on 20.11.2025, with adequate police force. 9. The concerned Superintendent of Central Jail, Sarguja is directed to allow the applicant to attend the marriage of his sister in police custody and 4 concerned Superintendent of Police is directed to provide adequate police force to take the applicant, Himanshu Dubey, from jail Ambikapur District – Sarguja (C.G.) on 19.11.2025, at 10:00 a.m. to attend the aforesaid rituals of his sister’s wedding in police custody. The Superintendent of Police concerned is also directed to communicate about this order with the Superintendent of Police, Gadhwa (Jharkhand). The applicant shall be brought back to jail on 22.11.2025 at 11.00 a.m. after production before the concerned Special Judge. It is made clear that the applicant is not allowed to take anywhere else except the place where wedding Ceremony of the applicant’s sister’s has to be performed. 10. The Register (Judicial) of this Court is directed to send a copy of this order to the concerned Special Judge, concerned Jail Superintendent and concerned Superintendent of Police within 48 hours. 11. 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