High Court of Chhattisgarh
Case Details
1 2025:CGHC:35536 NAFR MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.24 15:33:23 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5000 of 2025 1 - Rajkumar Dewangan S/o Santu Dewangan Aged About 24 Years R/o Vinoba Nagar, Ward No. 21, Mungeli, Police Station Mungeli, District Mungeli, Chhattisgarh. 2 - Mayank Sahu S/o Late Manharan Sahu Aged About 19 Years R/o Bashir Khan Ward Padav Chowk, Police Station Mungeli, District Mungeli, Chhattisgarh. ---Applicants versus 1 - State Of Chhattisgarh Through Police Station Jarhagaon, District Mungeli, Chhattisgarh. --- Respondent(s) For Applicant
Legal Reasoning
: Mr. Indrapreet Kaur Chhabra, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer MCRC No. 5066 of 2025 1 - Sahil Thakur S/o Ramnivas Singh Thakur Aged About 21 Years R/o Village Pandariya Road, Shaktimai Mandir Chowk Mungeli, P.S. Mungeli Tahsil And District Mungeli Chhattisgarh ---Applicant Versus 2 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Jarhagaon, District Mungeli Chhattisgarh --- Respondent(s) MCRC No. 5033 of 2025 1 - Abhishek Dewangan S/o Kanhaiyaa Dewangan Aged About 20 Years R/o Mohammad Basir Khan Ward P.S.- Mungeli, Tahsil And District- Mungeli (C.G.) ---Applicant Versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Jarhagaon, District- Mungeli (C.G.) --- Respondent(s) For Applicants : Mr. Amit Kumar, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23/07/2025 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. 61/2025, registered at Police Station Jarhagaon, District- Mungeli (CG) for the offence punishable under Sections 18, 21 and 22 of NDPS Act, 1985. 2. The prosecution story in brief is that information was received through confidential informant that on 22.05.2025 four persons riding two black coloured Hero Splendor Plus Glamour 3 motorcycle bearing registration no. CG 28 N 5123 are coming towards Mungeli from Bilaspur with illegal narcotic substances brown sugar and opium. On weighing the substance, 13 gm brown sugar including the weight of polythene worth Rs, 19,500 and 16.48 gm opium worth Rs. 16,480 was seized from Abhishek Dewangan. A realme 9 iphone was also seized from the accused worth Rs. 120000 and black coloured Hero Splendor Plus Glamour motorcycle bearing registration no. CG 28 N 5123 worth Rs. 65,000/-. 11.64 gm of Brown Sugar including the weight of polythenes worth Rs. 17460/- and 9.94 gm of opium worth Rs. 9940/- was seized from Mayank Sahu. 12.93 gm of Brown Sugar including the weight of polythene worth Rs. 19395/- and iphone 15 Pro mobile set worth Rs. 80,000/- and a black coloured motorcycle Hero Splendor VIN No. MBLHAW226P4G15787 engine no. HA11E7P4G23984 worth Rs. 75,000/- was seized from Rajkumar Dewangan. 14.30 gm of Brown Sugar including the weight of polythene worth Rs. 21450/- and a vivo company mobile phone worth Rs. 12000/- was seized from Sahil Thakur. Total weight of substances seized from all the four accused is 51.87 gm of Brown Sugar worth Rs. 77805 and 26.42 gm of opium worth Rs. 26420/-. Total worth of motorcycle and mobile phone seized from four accused is Rs. 2,59,000/-. 3. It was argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case and submits that there is huge discrepancy between the 4 seizure report of the police and the measurement done by the JMFC, Mungeli. It is further submitted by the learned counsel for the applicants that the present applicants have no previous criminal antecedents and are in jail since 22.05.2025 and the charge sheet has not been presented and the matter is under investigation. 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 the total weight of substances seized from all the four accused is 51.87 gm of Brown Sugar worth Rs. 77805 and 26.42 gm of opium worth Rs. 26420/-. Total worth of motorcycle and mobile phone seized from four accused is Rs. 2,59,000/-, therefore, the present applicants are not entitled for grant of 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, that the applicants have no criminal antecedents and the 51.87 gm brown sugar and 26.42 gm of opium seized from all the four applicants is more than the small quantity but less than the commercial 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 22.05.2025 and the charge-sheet has been filed, further the conclusion of the trial 5 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- Rajkumar Dewangan, Mayank Sahu, Sahil Thakur, Abhishek Dewangan, involved in Crime No. 61/2025, registered at Police Station Jarhagaon, District- Mungeli, (C.G.) for the offence punishable under Sections 18, 21 and 22 of NDPS Act, 1985 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 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of 6 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 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 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