1 2025:CGHC:56118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9157 of 2025 Ritesh Gabel S/o Purushottam Gabel Aged About 26 Years R/o Village Chainpur, P.S. And Tahsil Kartala, District- Korba C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Baradwar District Janjgir-Champa C.G. ... Respondent(s) For Applicant(s) : Ms. Madhunisha Singh, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 116/2025, registered at Police Station Baradwar District Janjgir-Champa (CG) for the offence punishable under Sections 21(C) and 29 of N.D.P.S. Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The prosecution story in brief, is that as per secret information received from the informant, on 12.05.2025, the Police of Police Station Baradwar District Janjgir-Champa recovered 41 pieces of Onerex Cough Syrup, total 4.1 liter and 09 pieces of Wincerex Cough Syrup, total 0.9 liters, total 5 liters of narcotic substance were recovered form the possession of the applicant, which led to the registration of the alleged offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She further submit that there is no iota of evidence, by which it can be said that the applicant had committed the alleged crime, so far as the status of trial is concerned, there are total 17 witnesses, but not a single witness has been examined. She also submits that the applicant is a newly married and his wife is pregnant and due on 13th November, copies of medical report are annexed as Annexure A/5. The applicant is in jail since 12.05.2025 and he has no criminal antecedents, further the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submit that the charge- sheet has been filed in the present case before the competent Court. She further submits that the quantity of contraband article i.e. 41 pieces of Onerex Cough Syrup, total 4.1 liter and 09 pieces of Wincerex Cough Syrup, total 0.9 liters, total 5 liters of narcotic 3 substance recovered from the possession of the applicant, which is much above the commercial quantity as notified under the NDPS Act and as such, the 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. From perusal of the case diary, it transpires that the contraband articles i.e. 41 pieces of Onerex Cough Syrup, total 4.1 liter and 09 pieces of Wincerex Cough Syrup, total 0.9 liters, total 5 liters of narcotic substance recovered from the possession of the applicant is much above the prescribed commercial quantity threshold and counsel for the applicant has failed to give plausible explanation regarding the same, it cannot be a case of false implication, particularly when the trial is in progress. 7. Accordingly, the bail application of applicant - Ritesh Gabel, involved in Crime No. 116/2025, registered at Police Station Baradwar District Janjgir-Champa (CG) for the offence punishable under Sections 21(C) and 29 of N.D.P.S. Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar