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2025 DAILYLAW 16701 (CHH)

PAVAN YADAV URF RAJA v. STATE OF CHHATTISGARH

MCRCA/479/2025 · 2025-04-07

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:16135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 479 of 2025 • Pavan Yadav Urf Raja S/o Maniram Yadav, Aged About 36 Years R/o Kudari, Thana - Kent Sagar, District Sagar, M.P. ... Applicant versus • State Of Chhattisgarh Through P.S. Dongripali, District Sarangarh Bilaigarh, Chhattisgarh. ... Respondent For Applicant : Mr. Hemant Gupta, Advocate. For Respondent/State : Ms. Neeta Tulsani Thawani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 07/04 / 2025 1. The accused/applicant has moved this First anticipatory bail application under Section 482 of B.N.S.S. for grant of anticipatory bail to the applicant in connection with Crime No. 19/2023 registered at Police Station – Dongripali, District – Sarangarh-Bilaigarh (C.G.) for the offence SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.08 11:05:34 +0530 2 punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act. 2. The applicant had preferred an application U/s 438 of Cr.P.C. (Corresponding Section 482 of B.N.S.S.) for anticipatory bail before the learned trial Court, which has been rejected vide order dated 21.03.2025. 3. The case of the prosecution is that on 05.04.2023, Police Station, District- Sarangarh Bilaigarh, received secret information. Thereafter, as per the information, a white colour Mahindra Bolero vehicle bearing Registration No. MP04TA-1933 was found in which two persons namely Ajay Kumar Singh and Aanidhya Chaourasiya were sitting and during the search 110 Kg of cannabis were found in the said vehicle and Offence under Section 20(b) of NDPS Act has been registered against the said appellants. Thereafter, on the basis of CDR of the accused persons, co-accused Tikaram and Shani Pasi were also found involved in the case. Further, on the basis of memorandum of the co- accused namely Tikaram and CDR report of his mobile phone, the present applicant was found involved in the case. Out of four accused persons who have been tried, two accused persons namely Ajay Kumar Singh and Aanidhya Chaurasiya were convicted and two namely Shani Pasi and Tikaram were acquitted by the learned trial Court and the present appellant has been absconding since the incident, 3 whose name was in the memorandum of Tikaram and CDR report, therefore, his anticipatory bail application before the learned trial Court has been rejected vide impugned order dated 21.03.2025. Hence, the present anticipatory bail application. 4. Hence, the present anticipatory bail application. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, he has not committed any offence as such. He further submits that the applicant has no role to play in the crime, as the police has seized entire quantity of contraband as alleged from the car bearing registration No. MP-04-TA- 1933 and the present applicant was not present on the said car. He next submits that out of four accused, two accused namely Ajay Kumar Singh and Aanidhya Chaourasiya were convicted and two namely Shani Pasi and Tikaram were acquitted by the learned trial Court. He further submits that the present applicant has no previous criminal record and he has ready to abide by all the conditions as may be imposed by this Hon’ble Court while granting bail, therefore, the present applicant may be released on anticipatory bail. 5. On the other hand, learned State counsel opposes the bail application and submits that CDR reveals that the present applicant was in close proximity to the accused persons at the time of the incident. According to the CDR report, there 4 were 24 calls and 2 messages exchanged between the accused Shani Pasi and the present applicant around the time of the incident. Furthermore, a total of 110 kg of cannabis was recovered from the possession of the convicted accused persons and on the basis of memorandum and CDR report, the present applicant has been declared an accused in the crime. Therefore, at this stage, it is requested that the present applicant may not be enlarged on bail. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the entire facts and circumstances of the case, I do not find it appropriate to release the present applicant on anticipatory bail. 8. Accordingly, the anticipatory bail application filed under Section 482 of B.N.S.S. is hereby rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.