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2025 DAILYLAW 24871 (CHH)

RAM ASHRAY @ RAMSARE RAJBHAR v. STATE OF CHHATTISGARH

MCRC/4250/2025 · 2025-06-29

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Judgment text

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1 2025:CGHC:29130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4250 of 2025 Ram Ashray @ Ramsare Rajbhar S/o Jeetlal Rajbhar Aged About 30 Years R/o Village Kathiram (Fulpur Varanasi), Police Station Fulpur, District Varanasi, Uttar Pradesh. ... Applicant versus State Of Chhattisgarh Through The Police Station Singhoda, District - Mahasamund Chhattisgarh. ... Non-applicant For Applicant : Mr. Siddharth Pandey, Advocate For Res/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 128 of 2024 registered at Police Station – Singhoda, District- Mahasamund (C.G.), for the offence punishable under Sections Section 20(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in 2 short “NDPS Act). 2. Case of the prosecution, in brief, is that on 10.12.2024, the constable of Police Station Singhoda got a tip-off from the informant that two persons were on their way from Odisha to Chhattisgarh carrying the contraband Ganja in a white coloured Swift Desire car bearing No. UP 65 EW 8933. On NH-53 road, near Village Reti Khol, the said car was intercepted and total quantity of 144 kgs of contraband Ganja was seized from the possession of the applicant and the co-accused. And thereafter, FIR was registered for the aforesaid offence against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 144 kgs of ganja was not seized from the exclusive possession of the present applicant. He also submits that the applicant is in jail since 10.12.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 144 kgs of Ganja recovered from the possession of the present applicant, 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. 6. Considering the facts and circumstances of the case and further the 3 fact that the contraband article which has been seized from the possession of the present applicant is much above the commercial quantity for which, the applicant has failed to offer any explanation and as such, 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 the applicant –Ram Ashray @ Ramsare Rajbhar involved in Crime No. 128 of 2024 registered at Police Station – Singhoda, District- Mahasamund (C.G.), for the offence punishable under Sections Section 20(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “NDPS Act), 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: 2025.07.04 13:12:54 +0530