High Court of Chhattisgarh
Case Details
1 HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:16947 NAFR MCRC No. 2909 of 2025 Mannu Prajapati S/o Fuleshwar Prajapati Aged About 36 Years R/o Village Raveli, Post Loharsi, Police Station - Panduka, District Gariyaband, Present Address Mahima Nagar, Ward No. 11, Police Station Sirgitti, District Bilaspur Chhattisgarh ... Applicant(s) versus PREETI KUMARI Digitally signed by PREETI KUMARI State Of Chhattisgarh Through Station House OfÏcer, Police Station GRP, District Bilaspur Chhattisgarh ---- Non-Applicant(s) For Applicant For Non-Applicant : :
Legal Reasoning
Mr. Virendra Verma, Advocate. Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/04/2025 1. Proceedings of this matter have been taken though video conferencing. 2. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 117/2024 registered at Police Station, GRP, District- Bilaspur (C.G.), for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act. 2 3. The earlier bail application of the applicant was rejected by this Court being MCRC No. 1150/2025, vide order dated 13.02.2025, on merits, further applicant’s children suffering from Wilson’s Disease, so this Court looking to the ailments of the applicant’s children, had granted temporary bail/short term bail to the applicant for the period of two months from the date of his release on an undertaking that he shall surrender before the concerned trial Court. 4. The prosecution story in brief, is that on the basis of information from an informer, on 23.10.2024, the Police of Police Station G.R.P. Bilaspur, conducted a raid and seized total 20 kgs contraband Ganja valued at Rs. 40,000/- from two persons, 10 kg of illegal ganja from the possession of accused Yogesh Sondhiya and 10 kg of illegal ganja from the possession of accused Rohit Dwivedi at platform No.2 & 3 of Railway Station Bilaspur. Further investigation of the case was done by Anti Crime Cyber Unit (hereinafter referred as A.C.C.U.) Bilaspur and on the basis of the memorandum statement given by them on 24.10.2024, 4 constables posted in Police Station G.R.P. Laxman Gain, Mannu Prajapati (applicant), Santosh Rathore and Saurabh Nagvanshi were also made accused and arrested, and thereafter, during the course of investigation by A.C.C.U., another accused Shyamdhar Chaudhary was also arrested. Hence, this application. 5. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court being MCRC No. 1150/2024, vide order dated 13.02.2025 on merits. Further the applicant’s children suffering from Wilson’s Disease, so this Court 3 looking to the ailments of the applicant’s children, had granted temporary bail/short term bail to the applicant for the period of two months from the date of his release on an undertaking that he shall surrender before the concerned trial Court on his furnishing a personal bond with two heavy sureties (one surety should be family member). He further submits that the applicant's minor son is suffering from Wilson's Disease, a rare and life-threatening genetic disorder requiring continuous treatment, specialized care, and frequent visits to AIG Hospital, Hyderabad. Tragically, earlier this year, the applicant's other child succumbed to the same illness, making the applicant's presence indispensable for ensuring his remaining son's survival. The absence of the applicant has severely disrupted the child's ongoing treatment, potentially leading to fatal consequences. 6. Learned counsel for the applicant further submits that the interim bail/temporary bail granted to the applicant is for the period of two months but the said period is going to get completed in near future and the children of the applicant are still in the same medical situation and needs proper attention and care which could only be done by the applicant. The applicant needs to take his child to the Hospital regularly for the purpose of the treatment and the concern doctors have also advised for review of the children on certain intervals which is mentioned in the prescription of the children. He also submits that the children of the applicant are suffering from rarest of the rare disease which is nearly not curable and because of the said rare disease, the applicant had already lost his one child 4 due to the said disease therefore, he prays before this Court to grant him certain time to spent with the worse days of his children when the children needs their father with them. 7. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the earlier bail application of the applicant has already been rejected by this Court being MCRC No. 1150/2025, vide order dated 13.02.2025, on merits. Hence, the present applicant is not entitled for grant of bail. 8. I have heard learned counsel for the parties and perused the case diary. 9. Taking into consideration the fact and circumstances of the case that the earlier bail application of the applicant was rejected by this Court being MCRC No. 1150/2025, vide order dated 13.02.2025, on merits further the quantity of contraband article seized from the possession of the co-accused persons i.e. 20 Kgs of Ganja, which is much above the commercial quantity and the applicant and other co-accused person's names have come into light from the memorandum statement of the co-accused persons and the applicant has failed to give any explanation regarding the same, thus, it could not be a case of false implication, the charge-sheet has been filed before the competent Court, further the bail applications of the co-accused persons have already been rejected by this Court vide order dated 14.01.2025, 03.01.2025 passed in MCRC Nos. 316/2025 and 8796/2024, respectively, on the ground that the accused therein was a constable in GRP Police Station, Bilaspur, have used multiple fake SIM cards in other people's 5 names and utilize the bank accounts of their acquaintances and relatives to receive payments for the sale of ganja, as the offence in question appears to be an organized crime for illegal trading/smuggling of the contraband article (Ganja) which is evident from the submissions made by the learned State counsel, thus this Court is of the view that it is not a fit case to release the applicant on bail. 10. Accordingly, the Second bail application of the applicant namely Mannu Prajapati, involved in Crime No. 117/2024 registered at Police Station, GRP, District- Bilaspur (C.G.), for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, is rejected at this stage. 11. From perusal of the impugned order, it transpires that the earlier bail application of the applicant was rejected by this Court being MCRC No. 1150/2025, vide order dated 13.02.2025, on merits, further the applicant’s children suffering from Wilson’s Disease, so this Court looking to the ailments of the applicant’s children, had granted temporary bail/short term bail to the applicant for the period of two months from the date of his release on an undertaking that he shall surrender before the concerned trial Court. 12. Considering the fact and circumstances of the case that the interim bail/temporary bail granted to the applicant for the period of two months but the said period is going to get completed in near future and the children of the applicant are still in the same medical situation and needs proper attention and care which could only be done by the applicant. The applicant needs to take his child to the 6 Hospital regularly for the purpose of the treatment and the concern doctors have also advised for review of the children on certain intervals which is mentioned in the prescription of the children and the children of the applicant are suffering from rarest of the rare disease which is nearly not curable and because of the said rare disease, the applicant had already lost his one child due to the said disease and his short term bail/parole is expiring on 15.04.2024. 13. In view of the same, his parole/short term bail is extended for further period of 03 months from the date of expiring of his short term bail i.e. 15.04.2025 and the applicant is directed to surrender as soon as period granted for parole/short term bail expires. 14. The applicant shall cooperate during the trial and during the period of his temporary bail/parole, he shall not indulge in tempering of evidence or involve in any criminal activities, failing which, the temporary bail granted to him shall automatically stand cancelled and the learned trial Court is at liberty to take him into custody and send him to jail.
Decision
15. Accordingly, I.A. 01/2025, stands disposed of. 16. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Preeti Sd/- (Ramesh Sinha) Chief Justice