1 2025:CGHC:9191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1301 of 2025 Amandeep Singh Chabra @ Chini S/o Mohan Singh Chhabra Aged About 24 Years R/o Devendra Nagar Sector-3, D-7, P.S. Devendra Nagar, Dist- Raipur (C.G.) (Name And Details As Per Mentioned In Order Sheet) --- Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S.- Tikrapara Dist. Raipur (C.G.) --- Non-Applicant MCRC No. 1358 of 2025 Abhishek Sahu S/o Dilip Sahu Aged About 27 Years R/o In Front of Police Line, Near Honda Show Room, Nehru Nagar, P.S. Kotwali, Dist. Raipur (C.G.) (Name And Details As Per Mentioned In Order Sheet) --- Applicant Versus State of Chhattisgarh Through Station House OfÏcer, P.S.- Tikrapara Dist. Raipur (C.G) --- Non-Applicant For Applicants : Mr. Devershi Thakur, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.25 15:05:08 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/02/2025 1. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 735/2024 registered at Police Station Tikrapara, Distt. - Raipur (C.G.), for the offence punishable under Sections 21 and 29(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act. 2. The prosecution's case is that the Police Station - Tikrapara, Raipur (C.G.), received secret information and arrested Shubham Soni, registering a case under Section 21(b) of the NDPS Act (Crime No. 735/24). During the investigation, Shubham Soni stated that he purchased the seized pistol from Lokesh Agarwal, leading to the addition of Section 25 of the Arms Act. The FIR alleged that Shubham Soni possessed narcotics worth Rs. 5,20,000/- including 31.88 grams of charas, 98 MDMA tablets (45.08 grams), a pistol, and other items. Shubham Soni was charged under Sections 21 and 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 25 of the Arms Act. The present applicants were made an accused based on Shubham Soni's memorandum. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions 3 under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He argues that no contraband articles were seized from the applicants' possession, nor were they involved in transporting the alleged contraband. Furthermore, he points out that the bail application of co-accused Shubham Soni was rejected by this Court on 17.01.2025, in MCRC No. 7390 of 2024, from whom the alleged contraband was seized. He also submits that a similarly situated co-accused, Lokesh Agrawal @ Sonu, was granted regular bail by this Court on 05.02.2025, in MCRC No. 8192 of 2024. He argues that the present applicants' case is similar to Lokesh Agrawal's, as no contraband articles were seized from their possession. He further submits that applicants are in jail since 25.09.2024 conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants on the ground of parity. 4. On the other hand, counsel for the State/non-applicant opposed the bail applications, submitting that the charge-sheet had been filed in the present cases before the competent court. She further submitted that contraband articles worth Rs. 5,20,000/- including 31.88 grams of charas, 98 MDMA tablets (45.08 grams), a pistol, and other items, were seized from the possession of co-accused Shubham Soni. Shubham Soni was charged under Sections 21 and 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 25 of the Arms Act. The present applicants were implicated based on Shubham Soni's memorandum. She also submitted that the applicants, along with co-accused Shubham 4 Soni, were involved in selling the alleged contraband articles, indicating an organized crime, therefore, they are not entitled for grant of regular bail in these cases. 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 worth Rs. 5,20,000/- including 31.88 grams of charas, 98 MDMA tablets (45.08 grams), a pistol, and other items, were seized from the possession of co-accused Shubham Soni. Shubham Soni was charged under Sections 21 and 29(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 25 of the Arms Act, the present applicants were implicated based on Shubham Soni's memorandum, further considering the fact that the applicants, along with co-accused Shubham Soni, were involved in selling the alleged contraband articles, indicating an organized crime and the co-accused, namely, Lokesh Agrawal @ Sonu, who was granted granted regular bail by this Court on the ground that the allegation against the said accused is that he provided a pistol to Shubham Soni, from whom the said contraband article were recovered, therefore, the case of the present applicants are distinguished from the case of the other co-accused, namely, Lokesh Agrawal @ Sonu, as such, I am not inclined to grant regular bail to the applicants. 7. Accordingly, the bail applications of the applicants - Amandeep Singh Chabra @ Chini and Abhishek Sahu, involved in Crime No. 735/2024 registered at Police Station Tikrapara, Distt. - Raipur 5 (C.G.), for the offence punishable under Section 21 and 29 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act, are rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Abhishek