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Judgment
Applicant has filed this Fourth bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 133/2026 registered at Police Station – Kotwali, Raipur, District- Raipur, (C.G.) for offence punishable under Section 22(c) and 29 of NDPS Act.
First bail application of the present applicant was withdrawn vide order dated 19.06.2026 in MCRC No. 5339 of 2026. Second bail application was dismissed on merits vide order dated 03.07.2026 in MCRC No. 5881 of 2026 and third bail application was again withdrawn with liberty to file better application on 22.09.2026 vide MCRC No. 8534 of 2026.
Case of prosecution in brief is that on 21.03.2026 on the basis of secret information, Police Station Kotwali, Raipur reached the spot and upon inspection found 1100 nos. of Alprazolam Tablet weighing 132 gram from possession of co-accused Kayamuddin and on his memorandum statement applicant was intercepted, during search, Police seized 600 nos. of Alprazolam tablet weighing 72 gram from possession of applicant. Based on the seizure aforesaid crime was registered and applicant was arrested on the same day.
Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged. He further submits that the present applicant has been arrested only on the memorandum statement of the co-accused who has been enlarged on bail by this Court. Hence the present applicant may also be benefited with the same.
On the other hand, learned State counsel opposes the submission made by learned counsel for applicant and would submit that the Police upon intercepting the applicant seized 600 no. of Alprazolam tablet weighing 72 gram from his possession.
On putting specific query learned counsel for the State also submits that the applicant is having one criminal antecedent of similar nature of offence which is still pending consideration before the concerned Court.
I have heard learned counsel for the parties and perused the documents enclosed along with the bail application.
On due consideration of the submission made by learned counsel for the respective parties, nature of allegation, seizure of 600 nos. of Alprazolam tablet from the possession of applicant as also considering that the applicant is having one criminal antecedent registered against him which is of similar nature of offence, I do not find present to be a fit case to allow the application, accordingly, application is dismissed.
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