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2025 DAILYLAW 23265 (CHH)

DAYASHANKAR YADAV v. STATE OF CHHATTISGARH

MCRC/3911/2025 · 2025-07-01

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1 2025:CGHC:30023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3911 of 2025 Dayashankar Yadav S/o Chhotelal Yadav Aged About 60 Years (Wrongly Mentioned As 51 In The Order Sheet) R/o Village- Bhilgaur (Wrongly Mentioned As Milgaur In The Order Sheet), Post- Gaura, Police Station- Jigna, Distirct- Mirzapur Uttar Pradesh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Kukdur, District- Kabirdham Chhattisgarh ... Respondent For Applicant : Shri Dharmesh Shrivastava, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.33/2025 registered at Police Station Kukdur, District- Kabirdham (C.G.) for the offence punishable under Section 20(b) of Narcotics Drugs and Psychotropic Substances Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.07 11:46:43 +0530 2 2. Case of the prosecution, in brief, is that on 07.03.2025 Assistant Sub- Inspector Chandrabhushan Singh posted at Police Station - Kukdur received a secret information that a person is transporting psychotropic substance by a blue colour Tata Ace vehicle bearing registration No. CG-17-KL-4453. On the basis of aforesaid secret information, the police party conducted a raid whereby the co-accused person namely Dulbo Bisoi was found to be in possession of 60.345 kg Ganja in Tata Ace vehicle bearing registration No. CG-17-KL-4453. The aforesaid articles were seized, offence was registered, samples were withdrawn from the article, accused person was arrested, statements of the witnesses were recorded and on the basis of memorandum statement of co-accused Dulbo Bisoi, the present applicant was implicated in crime in question and he was arrested on 14.03.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that no seizure has been made of the contraband article and the name of the applicant has come into light in the memorandum statement of the co-accused from whom the contraband article i.e. 60.345 kg Ganja was recovered and it is stated that the applicant had ordered for the same and had given Rs.10,000/-. He would submit that the applicant is in jail since 14.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel for the State/non-applicant would oppose the bail application. He would submit that the applicant belongs to State of Uttar Pradesh. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the name of the applicant has come into light in the memorandum statement of the co-accused from whom the contraband article i.e. 60.345 kg Ganja was recovered and it is stated that the applicant had ordered for the same and had given Rs.10,000/- and also considering the fact that the applicant belongs to State of Uttar Pradesh, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Dayashankar Yadav involved in Crime No.33/2025 registered at Police Station Kukdur, District- Kabirdham (C.G.) for the offence punishable under Section 20(b) of Narcotics Drugs and Psychotropic Substances Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri