Nafr High Court
Case Details
1 2025:CGHC:11806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1941 of 2025 Chandrashekhar Mehar S/o Madhusudhan Mehar Aged About 52 Years R/o- Kannaktura P.S. Rengali Nagar Tahsil- Lakhanpur District- Jharsuguda (Odisha) versus ... Applicant(s) State Of Chhattisgarh Through P.S.- Jutmil, District- Raigarh (C.G.) ... Respondent(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN For Applicant(s) :
Legal Reasoning
Mr. Sanjay Agrawal, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10/03/2025 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. 77/2024 registered at Police Station Jutmil, District- Raigarh (C.G.) for the offence punishable under Section 21-B, 29, 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police 2 Station Jutmil, District Raigarh (C.G.) received some secret information through the informant and on the basis of such information, the Police authority conducted raid at the shop of the co-accused Rajkumar Khatarji and seized the illicit Drugs (Medicine) and during investigation on the basis of memorandum of co-accused, conducted raid at the medical shop of the co- accused Madhusudan medical store, (Co-accused Madhusudan is the proprietor of M/s Madhusudan Medical Store) and seized following illicit drugs: 14 packets NRX Dicylomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen Capsles SPASMO- PROXYVON MOS, 07 packets of NRX Alprazolam Tablets IP NITE, 03 packets of NRX Alprazolam Tablets IP Alprax, 150 bottles 100 ml of NRX Codeine phosphate and Cholrpheniramine maleate syrup codec syrup, 216 packets of BUTRUM-2 Butorphanol Tartratw injection USP, 6.298 Kgs ganja in one plastic sack. Consequent to that, FIR was registered against the present applicants and other accused. Hence the bail application. 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 09.08.2024, therefore this second bail application is filed on the ground that the co-accused, namely, Mohan Mehar preferred an SLP bearing SLP(CRL.) No. 15474/2024 before the Hon’ble Apex Court, which has been allowed vide order dated 18.02.2025, on the ground that there is no recovery made from 3 him and further admittedly the license in his name has already been transferred in favour of another co-accused, namely, Padmalochan Meher. He further submits that the case of present applicant is similar to that of the co-accused Mohan Mehar. He also submits that the applicant is in jail since 15.02.2024 and the conclusion of trial is likely to take long time, hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail 5. 6. application of the applicant, but could not dispute the fact that against the bail rejection order, the co-accused, namely, Mohan Mehar preferred an SLP bearing SLP(CRL.) No. 15474/2024 before the Hon’ble Apex Court, which has been allowed vide order dated 18.02.2025. I have heard learned counsel for the parties and perused the material available on record. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that the co-accused, namely, Mohan Mehar preferred an SLP bearing SLP(CRL.) No. 15474/2024 before the Hon’ble Apex Court, which has been allowed vide order dated 18.02.2025 on the ground that there is no recovery made from him and further admittedly the license in his name has already been transferred in favour of another co-accused, namely, Padmalochan Meher and the case of present applicant is identical to that of the co-accused Mohan Mehar and distinguishable to that of co-accused, namely, 4 Padmalochan Meher and he is in jail since 15.02.2024, further the charge-sheet has already been filed in the present case before the competent Court and therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the Second bail application is allowed. Let the applicant - Chandrashekhar Mehar, involved in Crime No. 77/2024 registered at Police Station Jutmil, District- Raigarh (C.G.) for the offence punishable under Section 21-B, 29, 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the court on the date 5 fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS. (iv) The applicant 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 applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. 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 Akhil