Nafr High Court
Case Details
1 2025:CGHC:37335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3818 of 2025 MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.31 18:02:04 +0530 1 - Nagu Gutula S/o Krishna Gutula Aged About 38 Years (Wrongly Mentioned As Nagugutula Mentioned In Annexure A-1) R/o Chelluru, P.S. Ramchandrapuram Mandlam, District Purn Godawari Andhra Pradesh, At Present Address Ward No. 06, Padampur, P.S. Padampur, District Bargarh, Orissa. 2 - Mohd. Salman (Wrongly Mentioned Samnam In Annexure A-1) S/o Mohd. Salim Aged About 31 Years R/o Byron Bazar, P.S. City Kotwali, District Raipur, Chhattisgarh. 3 - Gopinath Karmi S/o Mangalu Karmi Aged About 38 Years R/o Padampur, P.S. Padampur, District Bargarh, Orissa. --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund (C.G.) --- Respondent(s) MCRC No. 4198 of 2025 Sunder Lal Dip S/o Bhagwano Dip Aged About 19 Years Resident Of Byron Bazar, P.S. City Kotwali, District Raipur, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through - Station House Officer, Police Station Basna, District Mahasamund, Chhattisgarh. --- Respondent(s) 2 For Applicant(s)
Legal Reasoning
: Mr. Sudhir Kumar Sahu along with Mr. Raza Ali, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30/07/2025 1. The applicants have preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 142/2025, registered at Police Station Basna, District- Mahasamund (CG) for the offence punishable under Sections 21(B) of NDPS Act. 2. The prosecution story in brief is that the concerned police station Basna received secret information through the informant that on the date of incident, unknown persons have kept illegal ban medicine in their possession to sale and police has seized Nirosum 10 mg formula Nitrazepam Tablets IP 06 packet total weight 330 gram table ban medicine and on the basis of memorandum statement, the concerned police has seized 1 kg contraband ganja from place of incident at open place and as a result thereof, police has registered offence punishable under Section 21(B) of the NDPS Act against the applicants and other accused persons. 3. It was argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this 3 case and they have no nexus with the incident narrated by the prosecution. There is no exclusive possession of the seizure memo. The applicants are in jail since 04.04.2025 and the charge sheet has been presented before the trial court. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned counsel for the State opposes the bail application and submits that 6 packets of Nirosun 10 mg (Nitrazepam Tablets IP) each packet contained 100 tablets and was seized from Nagu Gutula and the other accused persons namely Gopinath Karmi used to import the aforesaid drugs from Orissa and sell it in Basna and around 1 kg ganja was sold to other accused persons namely Mohd. Salman and Sundar Deep, therefore, the applicants are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and further 6 packets of Nirosun 10 mg tablet total weigh 330 gram and 1 kg contraband ganja was seized, which is an intermediate quantity and the nature and gravity of allegation levelled against the applicants and the fact that the applicants have no criminal antecedents and they are in jail since 04.04.2025 and the charge- sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Nagu Gutula and Gopinath Karmi, involved 4 in Crime No. 142/2025, registered at Police Station Basna, District- Mahasamund, (C.G.) for the offence punishable under Section 21(B) of NDPS Act be released on bail on their furnishing a personal bond with two local sureties and let the applicants- Nagu Gutula and Gopinath Karmi involved in aforesaid Crime no. be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of 5 BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants is deliberate or without sufÏcient 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. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima