1 2025:CGHC:7759 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1150 of 2025 Mannu Prajapati S/o Fuleshwar Prajapati Aged About 36 Years R/o Village- Raveli, Post- Loharsi, Police Station- Panduka, District Gariyaband, Present Address- Mahima Nagar, Ward No. 11, Police Station- Sirgitti District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- G.R.P, District Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rajeev Kumar Dubey, Advocate. For Non-Applicant : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/02/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.117/2024, registered at Police Station – G.R.P., District – Bilaspur (C.G.) for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that on the basis of information from an informer, on 23.10.2024, the Police of Police Station RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.13 18:38:41 +0530 2 G.R.P. Bilaspur, conducted a raid and seized total 20 kgs contraband Ganja valued at Rs. 40,000/- from two persons, 10 kg of illegal ganja from the possession of accused Yogesh Sondhiya and 10 kg of illegal ganja from the possession of accused Rohit Dwivedi at platform No.2 & 3 of Railway Station Bilaspur. Further investigation of the case was done by Anti Crime Cyber Unit (hereinafter referred as A.C.C.U.) Bilaspur and on the basis of the memorandum statement given by them on 24.10.2024, 4 constables posted in Police Station G.R.P. Laxman Gain, Mannu Prajapati (applicant), Santosh Rathore and Saurabh Nagvanshi were also made accused and arrested, and thereafter, during the course of investigation by A.C.C.U., another accused Shyamdhar Chaudhary was also arrested. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the name of the applicant has come into light from the memorandum statement of the co- accused persons, Rohit and Yogesh. He also stated that the applicant has preferred I.A. No. 01 of 2025 which is an application for grant of temporary bail to the applicant on the ground that the applicant has twin children, both of whom were suffering from Wilson’s Disease, a rare and life-threatening genetic disorder caused by mutations in the Wilson Disease protein gene. One of the child passed away on 05.06.2024, and the other is also suffering from the same serious ailment. The applicant’s presence is critical 3 coordinating the child’s treatment and ensuring timely medical interventions. Without proper treatment, Wilson’s Disease could lead to severe complications, including liver failure, anemia, osteoporosis, arthritis and ultimately death. He has to take his minor son to AIG hospital at Hyderabad in Telangana, otherwise in his absence, the child will have to suffer badly. Hence, he prays for grant of temporary bail to the applicant on this ground. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 29.10.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that on the basis of information from an informer, on 23.10.2024, the Police of Police Station G.R.P. Bilaspur, conducted a raid and seized total 20 kgs contraband Ganja valued at Rs. 40,000/- from two persons, 10 kg of illegal ganja from the possession of accused Yogesh Sondhiya and 10 kg of illegal ganja from the possession of accused Rohit Dwivedi at platform No. 2 and 3 of Railway Station Bilaspur. Further investigation of the case was done by Anti Crime Cyber Unit (hereinafter referred as A.C.C.U.) Bilaspur and on the basis of the memorandum statement given by them on 24.10.2024, 4 constables posted in Police Station G.R.P. Laxman Gain, Mannu Prajapati (applicant), Santosh Rathore and Saurabh Nagvanshi were also made accused and arrested, and thereafter, during the course of investigation by A.C.C.U., another accused Shyamdhar 4 Chaudhary was also arrested. It is further submitted that the charge-sheet has been filed in this case. She has also submitted that on verification of the ailment of the child/minor son of the applicant, namely, Tanmay Prajapati is suffering from the ailments as has been argued by learned counsel for the applicant and his treatment is going on. It is further submitted that the bail applications of the co-accused persons have already been rejected by this Court vide order dated 14.01.2025, 03.01.2025 passed in MCRC Nos. 316/2025 and 8796/2024, respectively. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. After considering the submissions advanced by the learned counsel for the parties and the utmost circumspection of the case diary, it transpires that the applicant along with the accused persons who are constables in GRP Police Station, Bilaspur, have used multiple fake SIM cards in other people's names and utilize the bank accounts of their acquaintances and relatives to receive payments for the sale of ganja. The applicant along with the other accused persons are constables posted at GRP Police Station, Bilaspur, used to seize ganja in trains and sell it to Yogesh alias Guddu and Shyamdhur alias Chotu, the said four accused constables have taken private individuals, Guddu alias Yogesh Sondhiya and Chotu alias Shyamdhur Chaudhary, during their 5 patrolling and checking duties in trains passing through places like Mahasamund, Raipur, Durg, Gondiya, Champa, Sakti, and Raigarh, if ganja was seized, the constables would supply it to individuals who had been called beforehand through Chotu and Guddu, and receive the payment in cash or online through the same mediums. 7. 7. Also taking into consideration the fact that the quantity of contraband article seized from the possession of the co-accused persons i.e. 20 Kgs of Ganja, which is much above the commercial quantity and the applicant and other co-accused person’s names have come into light from the memorandum statement of the co-accused persons, and the applicant is failed to give any explanation for the same, thus, it could not be a case of false implication, the charge-sheet has been filed in this case, further the bail applications of the co-accused persons have already been rejected by this Court vide order dated 14.01.2025, 03.01.2025 passed in MCRC Nos. 316/2025 and 8796/2024, respectively, on the ground that the accused therein was a constable in GRP Police Station, Bilaspur, have used multiple fake SIM cards in other people's names and utilize the bank accounts of their acquaintances and relatives to receive payments for the sale of ganja, as the offence in question appears to be an organized crime for illegal trading/smuggling of the contraband article (Ganja) which is evident from the submissions made by the learned State counsel as stated above. Hence, this Court is of the 6 opinion that the applicant is not entitled to be enlarged on bail in the present case. 8. Accordingly, the bail application of applicant – Mannu Prajapati, involved in Crime No.117/2024, registered at Police Station – G.R.P., District – Bilaspur (C.G.) for the offence punishable under Section 20(b) of the NDPS Act, is rejected at this stage. 9. At this stage, learned counsel for the applicant submits that the temporary bail application has been filed on behalf of the applicant on the ground that the applicant has twin children, both of whom were suffering from Wilson’s Disease, a rare and life-threatening genetic disorder caused by mutations in the Wilson Disease protein gene. One of the children passed away on 05.06.2024, and the other, namely, Tanmay Prajapati is also suffering from the same serious ailment and this fact has been verified by the State Counsel, and the medical documents regarding the same have also been annexed with the bail application, further the applicant has to take his minor son to AIG hospital at Hyderabad in Telangana, otherwise in his absence, the child will have to suffer badly. 10. Considering the aforesaid fact, I am inclined to grant parole/short term bail to the applicant for the period of two months from the date of his release on an undertaking that he shall surrender before the concerned trial Court on the date to be given by the trial Court on his furnishing a personal bond with two heavy sureties (one surety should be family member) in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to cooperate with 7 the trial and during the release on parole/short term bail, he shall not indulge in tempering of evidence or involve in any criminal activities, failing which, temporary bail granted to him shall automatically stand cancelled. The trial Court is at liberty to take him into custody and sent him to jail. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan