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2025 DAILYLAW 12286 (CHH)

KRISHNANDRA @ KANHAIYA TRIPATHI v. THE STATE OF CHHATTISGARH

MCRC/1909/2025 · 2025-03-07

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Judgment text

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1 2025:CGHC:11480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1909 of 2025 Krishnandra @ Kanhaiya Tripathi S/o Rajesh Tripathi Aged About 20 Years R/o Village- Damha, Thana- Nagud, Distt- Satna (M.P.) ... Applicant versus The State Of Chhattisgarh Through SHO Thana- Gidhauri, Distt.- Baloda Bazar-Bhatapara (C.G.) ... Respondent For Applicant : Shri Arvind Prasad, Advocate. For Respondent/State : Shri Sangarsh Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 20/2024 registered at Police Station Gidhauri, District Baloda GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.10 19:30:41 +0530 2 Bazar-Bhatapara (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act. 2. Case of the prosecution, in brief, is that on 21.01.2024, Police has received the secret information from the informant with the averment that the applicant kept the Ganja in car MP 19 CA/9503 for the purpose of selling, so the police ofÏcers have made the search and seized about 50 K.G. Ganja from Car, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that no recovery of any contraband article was made from his possession and only on the basis of statement of the owner of the vehicle that the applicant was driving the vehicle in which the contraband article was recovered, applicant has been implicated, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant was driving the Verna Car and when he was tried to be intercepted by the police team, then he left the vehicle and fled away and from the said vehicle contraband article 50 kg Ganja was recovered. He would further submit that the applicant is resident of M.P. and the contraband article which is recovered is much above the commercial quantity, as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and 3 gravity of offence and also considering the fact that from the vehicle which the applicant was driving contraband article 50 kg Ganja was recovered, which is much above the commercial quantity and the applicant is resident of Madhya Pradesh, therefore this Court is of the view that the applicant is not entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant-Krishnandra @ Kanhaiya Tripathi, involved in Crime No. 20/2024 registered at Police Station Gidhauri, District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri