Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17657
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2254 of 2025
1. Umakant Mahanand S/o Vijay Mahanand Aged About 27 Years R/o Sector 1 Devendra Nagar Beside Zubesta Hospital, P.S. Devendra Nagar Raipur, District Raipur, Chhattisgarh.
... Applicant(s) versus
1. State Of Chhattisgarh Through P.S. Devendranagar, Raipur, District Raipur, Chhattisgarh.
... Respondent(s) For Applicant(s) : Mr. Akash Sahu, Advocate For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order On Board 17.04.2025
1. Proceedings of this matter have been taken through video conferencing.
2. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 304/2024, registered at Police Station - Devendra MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.22 11:27:54 +0530
2 Nagar Raipur, District - Raipur (C.G.) for the offence punishable under Section 20(b)(ii)(C) of NDPS Act.
3. The prosecution story in brief, is that the Police Officer has received the secret information that the applicant was kept in his possession cannabis and search was conducted and there it was found that the applicant kept 50 Kg of cannabis. Thereafter, the Police authority has registered a case against the applicant.
4.
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the applicant’s name has come into the light in the memorandum statement of the co-accused and he is in jail since 14.09.2024 and trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.
5. On the other hand, learned counsel for the State opposes the bail application and submits that 50 Kg of cannabis has been recovered from the possession of the applicant, therefore, his bail application is liable to be dismissed.
6. I have heard learned counsel appearing for the parties and perused material available on record.
7. Considering the fact and circumstances of the case, nature of allegation levelled against the applicant and the fact that the quantity of cannabis seized is 50 Kg which has been recovered from the possession of the applicant and also in light of the
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judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
8. Accordingly, the bail application of applicant - Umakant Mahanand involved in Crime No. 304/2024, registered at Police Station - Devendra Nagar Raipur, District - Raipur (C.G.) for the offence punishable under Section 20(b)(ii)(C) of NDPS Act , is rejected.
9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith Sd/- (Ramesh Sinha) Chief Justice Manish