NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 4961 of 2024 Aayush Agrawal S/o Dinesh Agrawal Aged About 26 Years R/o H. No. E- 424, Samta Colony Behind Goyal Nurshing Home, P.S. Azad, Chowk, Raipur, Chhattisgarh.

---- Applicant Versus State Of Chhattisgarh Through The Police Station Khamardi, District- Raipur, Chhattisgarh.

---- Non-Applicant MCRC No. 4965 of 2024 Chirag Sharma S/o. Arun Kumar Sharma Aged About 25 Years R/o. H.No. 203, Ward No. 22, Santoshi Mandir Chowk, Purani Basti, Tilda Newra, P.S.

Tilda, Raipur, Chhattisgarh.

---- Applicant Versus State Of Chhattisgarh Through- The Police Station Khamardi, District-

Raipur (C.G.)

---- Non-Applicant MCRC No. 4971 of 2024 Kusum Hinduja D/o Bhagchand Hinduja Aged About 22 Years R/o Lig - 40, Avanti Vihar, Shankar Nagar, P.S. Khamaardih, District Raipur (C.G.)

---- Applicant Versus State Of Chhattisgarh Through SHO, Police Chowki Khamardih, District Raipur (C.G.)

---- Non-Applicant (Cause Title taken from Case Information System)

In MCRC No. 4961/2024 For Applicant : Mr. Praveen Tulsyan, Advocate.

For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer.

In MCRC No. 4965/2024 For Applicant : Mr. Praveen Tulsyan, Advocate.

For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer.

In MCRC No. 4971/2024 For Applicant : Mr. Shalvik Tiwari, Advocate.

For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

23/07/2024

1. This is the irst bail application iled under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 205/2024 registered at Police Station- Khamardi, District Raipur (C.G.) under Section 21 and 22 of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief, is that on 13/05/2024, Khamardi police received secret information that a few persons are roaming in red Colour Audi car and they are searching customer for selling contraband substance MDMA and Cocaine and they are staying in Hotel near Kachana Raipur. After performing legal formality police team apprehended two co-accused Kusum Hinduja and Chirag Sharma from room No. 110 of Dothre Marriage Garden Hotel at Kachana Raipur. Both co-accused disclosed the whereabouts about applicant and one more co accused. Resultant applicant and his car bearing registration No. DL-02-CAT-5505 alleged to have been apprehended from room No. 109 of Shamrock Hotel at Raipur another co accused Mahesh Singh Khadka alleged to have been apprehended from Avanti Vihar Raipur .Thereafter Applicant alone with his car and another co-accused Mahesh Singh Khadka were brought at Dothre Marriage Garden Hotel at Kachana Raipur (crime spot). Then all accused disclosed their Identity and addresses. After conducted personal search from Applicant, 1500 mili gram MDMA alleged to have been found and recovered from black colure beg kept in his Car Registered No. DL-02-CAT-5505. The detail is mentioned in the FIR and case diary. Thereafter police has registered the case against present applicant and other 3 co-accused under Section 21 & 22 of Narcotic Drugs and Psychotropic Substances Act, and they were arrested and remanded judicial custody.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and submits that the contraband MDMA have not been seized from absolute and conscience potation of the applicants, it is respectfully submitted that the alleged contraband MDMA have been seized from a public place and in which so many passengers are travelling at that time. He further submits that the mandatory provision given in the law therefore, no cases are made out against the applicants and the said contraband articles which have been recovered from the applicants is less than commercial quantity and the applicants are in jail since 13.05.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regu