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2025 DAILYLAW 24123 (CHH)

ANIL YADAV v. STATE OF CHHATTISGARH

MCRC/4446/2025 · 2025-06-12

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Judgment text

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1 2025:CGHC:23832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4446 of 2025 1 - Anil Yadav S/o Rambaran Yadav Aged About 25 Years R/o Hanuman Nagar Nai Basti Raghuraj Nagar, Satna, Police Station And Tahsil And District Satna Madhya Pradesh ... applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Baloda, District - Mahasamund Chhattisgarh ... Non-applicant For applicant : Mr. Tarun Dansena, Advocate For Res./State : Ms. Shailja Shukla, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 64/2024 registered at Police Station Baloda, District- Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2 2. Case of the prosecution, in brief, is that on 21.03.2024 in view of the Lok Sabha elections, Police and his team from Police Station Baloda conducted a checking operation at the Sirpur Naka Checkpoint near the Odisha border. During search operation, they stopped and checked a whicle Mahindra SUV300 Vehicle without Number plate, which was driven by present applicant and other co-accused was sitting as a passenger. Thereafter, during search 26 Kgs of contraband Ganja was recovered below the rear seat. Thereafter, the aforesaid FIR was lodged against the present applicant alongwith other co-accused person. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and 26 Kgs were recovered from the joint possession of the applicant and other co-accused person. He also submits that the mandatory provisions with regard to search and seizure were not complied with in this case. The applicant is in jail since 21.03.2024. Therefore, he prays that the present applicant is also entitled for grant of regular bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the quantity of contraband article i.e. 26 kgs of Ganja recovered from the joint possession of the applicant and co-accused, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. From perusal of the case diary, it transpires that the article which has been seized from the joint possession of the applicant and co-accused is much above the commercial quantity, further the applicant has failed to give explanation for the same and also considering the fact that vide order dated 24.04.2025, in MCRC No. 3127 of 2025, the similarly situated co-accused person namely Vinay Kumar Patel has not been granted bail, therefore, at this stage, I am not inclined to grant bail to the present applicant. 7. Accordingly, the bail application of the applicant – Anil Yadav, involved in Crime No. 64/2024 registered at Police Station Baloda, District- Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.19 20:25:04 +0530