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2026 DAILYLAW 982 (CHH)

MOHAMMAD FARID @ RINKU KHAN v. STATE OF CHHATTISGARH

MCRC/7991/2025 · 2026-01-01

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Judgment text

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1 2026:CGHC:155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7984 of 2025 Syed Sahil Ali S/o Tahir Ali Aged About 22 Years R/o Ward No. 14, Imam Bada, Simga, P.S. Simga, Distt. Baloda Bazar-Bhatapara, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Simga, Distt. Baloda Bazar-Bhatapara, Chhattisgarh. --- Non-Applicant MCRC No. 8012 of 2025 Mamta Pradhan D/o Rikhiram Pradhan Aged About 42 Years R/o House No. 23 / 395, Ward No. 23, Near Hanuman Mandir, Shakti Nagar Shankar Nagar, Raipur, Current Add. Prem Nagar, Near Gupta Kirana Stores, Mowa Raipur, P.S. Pandri District Raipur, Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Simga, District : Balodabazar-Bhathapara, Chhattisgarh --- Non-Applicant MCRC No. 7991 of 2025 Mohammad Farid @ Rinku Khan S/o Jann Mohammad Aged About 33 Years R/o House No. 75, Doctor Avni Dutta Road, Hawda Corporation, Police Station Golabadi, District Hawda, West Bengal ---Applicant Versus State Of Chhattisgarh Through The Sho, Police Station Simga, District Balodabazar-Bhatapara, Chhattisgarh --- Non-Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.05 13:43:54 +0530 2 For Applicant (MCRC No. 7984/2025) : Mr. Syed Imtiaz Ali, Advocate. For Applicant (MCRC No. 7991/2025) : Mr. Ujjawal Agrawal, Advocate. For Applicant (MCRC No.8012/2025) : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.01.2026 1. Since the above-mentioned three bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 367/2025 registered at Police Station- Simga, District- BalodaBazar-Bhatapara for the offence punishable under Section 21(B) and 29 of Narcotic Drugs and Psychotropic Substance Act, 1985. 3. As per the prosecution story, on 10/07/2025 the Assistant Sub-Inspector of the concerned Police Station, Simga, District Baloda Bazar– Bhatapara, received secret information from an informant that the co- accused, namely Mamta Pradhan and Mohammed Farid @ Rinku Khan, were carrying substances prohibited under the Narcotic Drugs and Psychotropic Substances Act, 1985. Acting upon the said information, the police conducted a raid at the spot and recovered Nitrosun-10 tablets (21 boxes) and Alprazolam Q-0.5 (01 box), which were kept in the dickey of a Jupiter scooter bearing registration No. C.G.04-QA-7237, from the joint possession of the co-accused. During the course of investigation, 3 the co-accused stated that they had come to Simga to illegally sell the said medicines to the present applicant. Thereafter, the present applicants were arrested. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in that case. They also submits that the applicant, namely, Syed Sahil Ali have two previous criminal antecedents, in one case he has been acquitted and another case is pending, and applicant, namely, Mohammad Farid @ Rinku Khan and Mamta Pradha have no previous criminal antecedents, the charge-sheet has been filed and they are in jail since 10.07.2025 and 11.07.2025. Hence, they prays for grant of bail. 5. Learned State counsel opposes the bail application and submits that the charge-sheet has been submitted. He also submits that the contraband article which has been seized from the present applicants, is less than the commercial quantity. He further submits that he has not received any information regarding the criminal antecedents of applicant, namely, Mohammad Farid @ Rinku Khan who belongs to West-Bengal. 6. I have heard learned counsel for the State and perused the material available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicants and the fact that the contraband article which has been seized from the present applicant, is less than the commercial quantity, further the applicants have no previous criminal antecedents and applicant, namely, Syed Sahil Ali have two previous criminal antecedents, in one case he has been acquitted and another case is pending, the charge-sheet has been filed in the present case before the competent Court and the applicants are in jail since 10.07.2025 and 11.07.2025, therefore, this Court is of the view that the 4 applicants are entitled to be released on bail in this case. 8. Accordingly the bail applications are allowed. 8. Accordingly the bail applications are allowed. Let the applicants – Syed Sahil Ali (MCRC No. 7984/2025), Mohammad Farid @ Rinku Khan (MCRC No.7991/2025) and Mamta Pradhan (MCRC No. 8012/2025) involved in Crime No. 367/2025 registered at Police Station- Simga, District- Baloda Bazar-Bhatapara for the offence punishable under Section 21(B) and 29 of Narcotic Drugs and Psychotropic Substance Act, 1985, be released on bail on their furnishing a personal bond with two sureties each (in MCRC No. 7984/2025 and 8012/2025) and two local sureties (in MCRC No. 7991/2025) in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of BNS. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of BNSS is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of BNS. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient 5 cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti