Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 10646 (CHH)

ASHOK BEHRA v. STATE OF CHHATTISGARH

MCRC/1466/2026 · 2026-02-09

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:7392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1466 of 2026 • Ashok Behra S/o Rohit Behra Aged About 40 Years R/o Village Aamgaon P.S. Tamnar District- Raigarh (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station Tamnar District- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2026 1. The First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 222/2025 registered at Police Station – Tamnar, District Raigarh (C.G.), for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The facts of the prosecution case, in brief, are that on 29.09.2025, during patrolling near Hijhar Tiraha within the jurisdiction of Police Station Tamanar, District Raigarh, Head Constable Vipin Patel seized prohibited narcotic substances from the accused persons. From VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.12 11:41:08 +0530 2 Ashok Behera, a total of ten bottles (1000 ml) of Ornex Codeine Phosphate & Triprolidine Hydrochloride Syrup and three strips of prohibited narcotic capsules were recovered. From Lalit Gupta, ten bottles (1000 ml) of illegal narcotic syrup and one Vivo mobile phone were seized. From Sushil Rathiya, five bottles (500 ml) of illegal narcotic syrup and one Platina motorcycle bearing registration No. CG-13-BB-3242 were seized. The accused persons were arrested, their memorandum statements recorded, and during interrogation, accused Chhotu Yadav alias Karunakar Yadav admitted to purchasing and selling narcotic tablets and syrup, from whom a touch-screen mobile phone (Narzo 50-i) was also seized. In total, 25 bottles aggregating to 2500 ml of Ornex Codeine Phosphate & Triprolidine Hydrochloride Syrup and 24 prohibited narcotic capsules were recovered. Thereafter, the Police has registered the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicants. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as the allegations against him are false, baseless and malicious. He further submits that no prohibited cough syrup, tablets, or any incriminating material have been recovered from him. It is further submitted that the applicant was not present at the place of incident, and has been falsely roped into the case solely on the basis of the memorandum of co-accused. The applicant has no criminal antecedents and is in jail since 29.09.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that however, the case diary 3 contains evidence showing that the applicant was traveling in the said vehicle and the contraband article i.e., total of ten bottles (1000 ml) of Ornex Codeine Phosphate & Triprolidine Hydrochloride Syrup and three strips of prohibited narcotic capsules were recovered. It is further stated that the bail application of co-accused persons have also been rejected by this Court in MCRC No.9077 of 2025 and MCRC No.9844 of 2025 vide common order dated 16.12.2025, as such, the applicants are 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 of the case and the submissions made by learned counsel for the parties, allegation levelled against the applicant and considering the contraband article i.e., total of ten bottles (1000 ml) of Ornex Codeine Phosphate & Triprolidine Hydrochloride Syrup and three strips of prohibited narcotic capsules were recovered from the possession of applicant and co-accused persons have also been rejected by this Court in MCRC No.9077 of 2025 and MCRC No.9844 of 2025 vide common order dated 16.12.2025, this Court is of the considered opinion that the applicant is not entitled to bail at this stage, and accordingly, the bail application is rejected. 7. Accordingly, the bail applications of the applicant- Ashok Behra involved in Crime No. 222/2025 registered at Police Station – Tamnar, District Raigarh (C.G.), for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 9. 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