Sagar Bharti S/o Late Rohit Bharti Aged About 26 Years R/o Village Nimora, Jogi v. State Of Chhattisgarh Through P.S. Rakhi, District - Raipur Chhattisgarh ---Non
Case Details
1 / 5 2025:CGHC:39977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5329 of 2025 Sagar Bharti S/o Late Rohit Bharti Aged About 26 Years R/o Village Nimora, Jogi Dabri, P.S. Rakhi, District Raipur Chhattisgarh ---Applicant versus State Of Chhattisgarh Through P.S. Rakhi, District - Raipur Chhattisgarh ---Non-applicant MCRC No. 5341 of 2025
Legal Reasoning
Gyaneshwar @ Vinay Joshi S/o Shri Dhanji Joshi, Aged About 20 Years R/o Village-Parsatti, P.S. Abhanpur District Raipur (Chhattisgarh) ---Applicant Versus State Of Chhattisgarh Through - P.S. Rakhi, District- Raipur (C.G.) ... Non-applicant For Applicants : Mr. Ajay Kumrani, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri , Chief Justice Ramesh Sinha Order on Board 08.08.2025 2 / 5 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 71/2025, registered at Police Station : Rakhi District – Raipur (C.G.) for the offence punishable under Section 20(B) and 22(B) of the NDPS Act. 2. The case of the prosecution is that on 15/05/2025, upon receiving information from an informer, the police of Police Station Rakhi, Raipur, acting under the mandatory provisions of the NDPS Act, arrested the applicant/accused and co-accused at the scene of the incident. Sagar Bharti's house bari in Village Nimora, Police Station Rakhi, District Raipur (C.G.). A total of 2.300 kg of the narcotic substance ganja and banned psychotropic tablets 4 strips of Nitrazepam Tablet IP containing 10 tablets each (total 40 tablets), 3 strips of Ispascore Von Plus containing 24 tablets each (total 72 tablets), and 1 strip of Spasmo Proxyvon Plus containing 24 tablets thus totaling 136 tablets weighing 64 grams, were seized from a white-blue colored bag in their joint possession. Crime No. 71/2025 has been registered against the accused under Sections 20(B) and 22(B) of the NDPS Act at Rakhi Police Station, Raipur, and after investigation, a charge sheet has been submitted. 3. The applicants are innocent and have been falsely implicated in the present case. The alleged contraband was not recovered from their personal or exclusive possession, creating serious doubt regarding conscious possession, an essential ingredient for offences under Sections 20(b) or 22(b) of the NDPS Act. No recovery was made from 3 / 5 them personally, nor were they found in direct possession or control of the contraband, and there is no cogent material linking them to the offence except suspicion or association with the co-accused. Even if the prosecution story is accepted as true, no offence is made out against them. They are unaware of the incident’s facts, the charge- sheet has been filed, and the case is pending before the Special Judge (NDPS Act), Raipur, so custodial interrogation is not required. Both applicants have good antecedents, with only one other criminal case pending against them, and there is no material showing their involvement in the alleged offence. If granted bail, they will not tamper with evidence or influence witnesses, and being permanent residents at the given addresses, there is no likelihood of their absconding and they are in jail since 17.05.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. On the other hand, learned State counsel opposed the bail application of the present applicants. She further submitted that Applicant No.1 has two criminal antecedents and Applicant No.2 has one criminal antecedent, therefore, the present applicants are not entitled for grant of bail. I have heard learned counsel for the parties and perused the case diary. Taking into consideration the submissions made by learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicants, the fact that the contraband article recovered from 4. 5. 6. 4 / 5 their possession is less than the commercial quantity, and that the charge-sheet has been filed before the competent Court, as well as the fact that they have been in jail since 17.05.2025 and 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 – Sagar Bharti and Gyaneshwar @ Vinay Joshi involved in Crime No. 71/2025, registered at Police Station : Rakhi District – Raipur (C.G.) for the offence punishable under Section 20(B) and 22(B) of NDPS Act, be released on bail on furnishing personal bond with two local sureties each 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 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 Bharatiya Nyaya Sanhita. (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 fail to appear before the court on the date fixed in such proclamation, then, the trial court shall 5 / 5 initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Vaibhav Sd/- (Ramesh Sinha) Chief Justice