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2025 DAILYLAW 9215 (CHH)

RAJEEV KUMAR v. STATE OF CHHATTISGARH

MCRC/1506/2025 · 2025-03-03

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Judgment text

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1 2025:CGHC:10333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1506 of 2025 Rajeev Kumar S/o Prahlad Prasad Aged About 43 Years R/o Dariyapur Gola, Ward No. 42, Dhobi Gali, P.S. Kadam Kuna, District- Patna, Present Address- Vishram Apartment, Room No. 301, Pataliputra Colony, P.S. Patali Putra, District- Patna Bihar ... Applicant(s) versus State Of Chhattisgarh Through- P.S. Balod, District Balod (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Satish Chandra Verma, Senior Advocate assisted by Mr. Om Kukreja, Advocate. For Non-Applicant(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 290/2024 registered at Police Station Balod, District Balod (C.G.) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 for the offence punishable under Section 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the police of Police Station Balod, District Balod (C.G.) received a secret information from the informant that two persons in vehicle bearing No.CG-24-AF-7028, who are looking for customers to sell the intoxicating medicines and on the basis of said information the police authority have conducted raid and seized Alprazolam and Tramadol tablets and capsules totaling 10718.88 gm (10.71888 Kgs), thereafter both co-accused persons have arrested on the spot and one of the co- accused persons stated in his memorandum statement that he has received those medicines from Trishul Pharma Company, and after conducting enquiry, the present applicant, who is owner of Trishul Pharma Company was arrested from Bihar. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 07.10.2024, therefore this second bail application is filed on the ground that the father of the co-accused from whom the contraband article was recovered was a client of the applicant, who is a wholesale seller of the drugs, so far as the status of trial is concerned, out of 14 witnesses, the statement of 4 witnesses have been recorded, charge-sheet has already been filed in the present case and the applicant is in jail since 30.07.2024, hence, he prays for releasing the applicant on regular bail. 4. 4. On the other hand, learned State counsel opposes the bail 3 application and submits that the involvement of present applicant has come into light from the memorandum statement of one of the co-accused persons from whose possession contraband articles have been recovered, which is much above the commercial quantity, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 07.10.2024 in MCRC No. 5932 of 2024 on the ground that the contraband article seized was much above the commercial quantity, the involvement of present applicant has come into light from the memorandum statement of one of the co-accused persons, from whose possession contraband articles have been recovered, so far as status of trial is concerned, out of 14 witnesses, the statement of 4 witnesses have been recorded, further it is an organized crime and there appears to be no good ground, the trial is in progress. 7. Accordingly, the second bail application of the applicant- Rajeev Kumar, involved in Crime No. 290/2024 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Section 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil