Shailendra Kumar Tamboli Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2025)

Shailendra Kumar Tamboli Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, the Applicant to be released on bail on executing a personal bond of Rs 50,000/- with two sureties in the like sum, subject to conditions (a) no inducement/threat/promise to dissuade disclosure of facts, (b) no act prejudicial to fair and expeditious trial, and (c) appearance before the trial Court on each and every date till disposal of the trial.

Issue for consideration

Whether the Applicant, who is apprehending arrest in Crime No.211/2020 (offence under Section 21(C) NDPS Act) and has been implicated only on the basis of the memorandum statement of a co-accused, deserves to be granted anticipatory bail under Section 438 of the Code of Criminal Procedure.

Court's answer

The present is a fit case for grant of anticipatory bail: the Applicant has been roped into the crime only on the basis of the memorandum statement of a co-accused, the other 3 co-accused have already been acquitted by the trial Court, and co-accused Prem Kumar Jha has been granted anticipatory bail by a co-ordinate Bench (order dated 05.09.2022 in M.Cr.C(A) No.529/2022).

Ratio / Principle

In the event of arrest, the Applicant is to be released on bail on executing a personal bond of Rs 50,000/- with two sureties in the like sum to the satisfaction of the arresting Officer, subject to conditions that he shall not dissuade any person acquainted with the facts from disclosing them to the Court, shall not act prejudicially to a fair and expeditious trial, and shall appear before the trial Court on each and every date till disposal of the trial.

Detailed headnote1 paragraphs

Anticipatory bail — Section 438, Code of Criminal Procedure — NDPS offence (Section 21(C)), Crime No.211/2020, PS City Kotwali, Raipur — Applicant (Shailendra Kumar Tamboli) implicated solely on the memorandum statement of co-accused Yogesh Dewangan, alleging sale of banned Corex Syrup containing Codeine to co-accused Prem Kumar Jha — three co-accused (Vishnu Soni, Yogesh Dewangan, Ajay Chouhan) already acquitted in Special Criminal Case No.02/2021 on 30.06.2022 — parity: co-accused Prem Kumar Jha already granted anticipatory bail by co-ordinate Bench in M.Cr.C(A) No.529/2022 (order dated 05.09.2022) — despite two criminal antecedents under Sections 294 and 506-B/34 IPC/Essential Commodities Act, Applicant held entitled to anticipatory bail — release on personal bond of Rs 50,000/- with two sureties in the like sum, subject to usual conditions (non-dissuasion, fair trial, regular appearance). Application allowed (Deepak Kumar Tiwari, J.; 05.05.2025; NAFR; 2025:CGHC:20526).

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2025:CGHC:20526

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

M.Cr.C(A) No.491 of 2025

Shailendra Kumar Tamboli S/o Rajendra Kumar Tamboli Aged About 36 Years R/o House No. 5/247, Near Dewangan Dugdh Dairy, House Para, Simga, Police Station- Simga, District- Balodabazar- Bhatapara (C.G.)

... Applicant

versus

State Of Chhattisgarh Through- Station House Officer, Police StationCity Kotwali, Raipur, District- Raipur (C.G.) ... Non-Applicant

For Applicant : Shri Tarun Dansena appears on behalf of Shri Dharmesh Shrivastava, Advocates.

For Non- : Ms. Anuradha Jain, PL.

Applicant/State

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

05.05.2025

Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.05.06 18:56:35 +0530

This 1^st anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the Applicant, who is apprehending his arrest in connection with Crime No.211/2020 registered at Police Station City Kotwali, Raipur, District Raipur for the offence punishable under Sections 21(C) of the NDPS Act.

Prosecution case in brief is that on 14.08.2020, at about 12.30 hrs, the police of PS City Kotwali received an information that three persons

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namely Vishnu Soni, Yogesh Dewangan and Ajay Chouhan were travelling in a car bearing No.CG 04/MG-7537 in search of customer for selling 11 cartons total 1584 bottles banned Corex Syrup containing Codeine, each bottle containing 100 ml total 158.4 bulk liter and when the memorandum statement of co-accused Yogesh Dewangan was recorded, it was revealed that the present Applicant was involved to sell the said syrup to other co-accused namely Prem Kumar Jha. Based on such allegations, the offence has been registered.

Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question. He further submits that three accused i.e. Vishnu Soni, Yogesh Dewangan and Ajay Chouhan were acquitted by the Criminal Court in Special Criminal Case No.02/2021 on 30.06.2022 and other co-accused Prem Kumar Jha has also been granted anticipatory bail by the co-ordinate Bench vide order dated 05.09.2022 passed in M.Cr.C(A) No.529/2022 and the case of the present Applicant is also similar, therefore, he may be granted anticipatory bail.

Per contra, learned Counsel for the State opposed the said prayer. However, she fairly admits that the present Applicant got involved in the said crime only on the basis of memorandum statement of co-accused Yogesh Dewangan. She lastly submits that there are 2 criminal antecedents against the present Applicant i.e. under Sections 294 and 506-B/34 IPC pertaining to the year 2016 and 2011 respectively under Essential Commodities Act.

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Considering the facts and circumstances of the case, looking to the nature of allegations and the submissions made, further considering that other 3 co-accused have already been acquitted by the trial Court and the present Applicant has been roped in the instant crime only on the basis of memorandum statement of co-accused and particularly considering that co-accused Prem Kumar Jha has been granted anticipatory bail by the co-ordinate Bench vide order dated 05.09.2022 passed in M.Cr.C(A) No.529/2022, this Court is of the opinion that present is a fit case where the Applicant deserves to be granted anticipatory bail.

Accordingly, the application is allowed and it is directed that in the event of arrest of the Applicant, on executing a personal bond for a sum of Rs 50,000/- with two sureties in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

(a) 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.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/- (Deepak Kumar Tiwari) Judge

Priya