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Judgment
The applicant has preferred this First 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. 250/2025, registered at Police Station Kabir Nagar, District : Raipur (C.G.) for the offence punishable under Sections 21(B), 21(C) and 29 of NDPS Act and Section 111 of BNS, 2023.
Case of the prosecution, in brief is that on 28.11.2025, Police Station Kabir Nagar received secret information regarding illegal possession and sale of heroin by co-accused Kamlesh Arora @ Lali near Atari Bypass Road. Acting upon the said information, the police conducted a raid and initially recovered 11.79 grams of heroin, two mobile phones, and an electronic weighing scale from his possession, followed by a subsequent recovery of 292 grams of heroin. During investigation, co-accused Kamlesh Arora @ Lali disclosed involvement of present applicant. Based on the aforesaid allegations, the police registered the offence as mentioned above against the present applicant. Hence, this application.
Learned counsel for the applicant submits that no seizure has been made from the present applicant and he has been falsely implicated by the co-accused Kamlesh Arora @ Lali with an ulterior motive. He further submits that the incident in connection with the aforestated Crime Number occurred way back on 28.11.2025 and the memorandum statement of Kamlesh Arora @ Lali was recorded on 30.11.2025, but the applicant was not arrested. He contends that only after the applicant was enlarged on bail by the co-ordinate Bench vide order dated 09.04.2026 in connection with Crime No. 261/2026 was he arrested in connection with Crime No. 250/2026 on 09.05.2026. He further contends that the applicant has one pending criminal antecedent (Crime No. 261/2026), which has duly been explained in this bail application; that the charge-sheet has been filed; and that he has been in jail since 09.05.2026. As the conclusion of the trial is likely to take time, he prays that the instant bail application may kindly be allowed.
On the other hand, the learned counsel appearing for the State/non-applicant opposes the bail application and submits that a contraband article, i.e., 303.79 grams of heroin, was seized from co-accused Kamlesh Arora @ Lali, who has implicated the present applicant. She further submits that the applicant has one pending criminal antecedent of a similar nature; therefore, he is not entitled to the grant of regular bail.
I have heard learned counsel for the parties and perused the case diary.
It appears that the police conducted a raid and apprehended co-accused Kamlesh Arora @ Lali and initially recovered 11.79 grams of heroin, two mobile phones, and an electronic weighing scale from his possession, followed by a subsequent recovery of 292 grams of heroin. The present applicant has been implicated solely on the basis of the memorandum statement of co-accused Kamlesh Arora @ Lali. Moreover, the applicant has one criminal antecedent, wherein he has been enlarged on bail by a coordinate Bench in MCRC No. 3236 of 2026. Considering that the charge-sheet has already been filed before the competent court, the applicant has been in jail since 09.05.2026, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall make himself available for interrogation by the police officer as and when required;
(b)he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and
he shall not act in any manner which will be prejudicial to a fair and expeditious trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.