Raipur, Chhattisgarh v. PREETI KUMARI Digitally signed by PREETI KUMARI Date
Case Details
1 2025:CGHC:48062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7515 of 2025 1. Khelawan Dhruw S/o Santosh Dhruw Aged About 30 Years R/o Ward No.15 Gobra Nawapara, District : Raipur, Chhattisgarh 2. Rajesh Bhoi S/o Raju Bhoi Aged About 22 Years R/o Indira Market Gobra Nawapara, District : Raipur, Chhattisgarh 3. Shyamsunder Satnami @ Manoj Satnami S/o Ramswarup Satnami Aged About 45 Years R/o Ward No.04 Pt. Deendayal Upadhyay Nagar, P.S. Gobra Nawapara, District : Raipur, Chhattisgarh ... Applicants versus PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.19 14:33:37 +0530 State Of Chhattisgarh Through Station House Officer, Police Station Fingeshwar, District : Gariyabandh, Chhattisgarh ... Non-Applicant For Applicants
Legal Reasoning
: Mr. Rekhraj Baghel, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/09/2025 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 185/2025 registered at Police Station- Fingeshwar, District - Gariyaband (C.G.), for the offence punishable under 2 Section 20(b)(ii)(B) of the Narcotic Drugs Psychotropic Substances Act against present applicant Nos. 1 and 2 and Sections 20(b)(ii)(B) read with Section 29 of the Narcotic Drugs Psychotropic Substances Act against applicant No.3. 2. As per the prosecution story, the police received information from an informant that some unknown persons were in possession of illegal contraband (ganja) with the intent to sell. Acting on this information, the police seized a total of 7.544 kg of ganja from the scene of the incident and prepared a seizure memo. The applicants and other co-accused were arrested on 22.06.2025, 22.06.2025, and 13.08.2025. The present applicants No. 1 and 2 have been charged under Section 20(b)(ii)(B) of the NDPS Act, while applicant No. 3 has been charged under Section 20(b)(ii)(B) read with Section 29 of the NDPS Act. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that only on the basis of mere suspicion, the prosecution has made in a false case against the present applicants although the contraband ganja which has been seized by the Police is less than the commercial quantity. It is also submitted that the applicants have no previous criminal antecedents. He later submitted that the co-accused, namely, Raju Soni @ Gyani Soni has already been granted bail by this Court vide order dated 11.09.2025 passed in MCRC No. 7279/2025. The charge-sheet has already been filed, and the applicants have been in judicial custody since 22.06.2025, 22.06.2025 and 13.08.2025, respectively. Hence, it is 3 prayed that the applicants may be enlarged on bail on the ground of parity. 4. On the other hand, the learned counsel for the State opposes the bail application but could not dispute that fact that the co-accused has been granted bail by this Court. She further submits that the charge-sheet has been filed and the applicants have no previous criminal antecedents. 5. I have Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact the quantity of contraband article Ganja which has been recovered, is less than the commercial quantity, further the co-accused, namely, Raju Soni @ Gyani Soni has already been granted bail by this Court vide order dated 11.09.2025 passed in MCRC No. 7279/2025, the applicants have no previous criminal antecedents, the charge-sheet has been filed and the applicants are in jail since 22.06.2025, 22.06.2025 and 13.08.2025, respectively, the conclusion of the trial is likely to take sometime, this Court is of the opinion that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicants - Khelawan Dhruw, Rajesh Bhoi and Shyamsunder Satnami @ Manoj Satnami involved in Crime No. 185/2025 registered at Police Station- Fingeshwar, District - Gariyaband (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs 4 Psychotropic Substance Act against present applicant Nos. 1 and 2 and Sections 20(b)(ii)(B) read with Section 29 of the Narcotic Drugs Psychotropic Substances Act against applicant No.3, 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 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 misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 5 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. - Preeti Sd/- (Ramesh Sinha) Chief Justice