1 2025:CGHC:32021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5090 of 2025 Shiv Chand Yadav S/o Kedar Nath Yadav Aged About 24 Years R/o Village Jamuwa Post Office Shivdhara, Jaonpur, Uttar Pradesh --- Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Mainpur, District : Gariyabandh, Chhattisgarh. --- Non-Applicant Along with MCRC No. 4435 of 2025 Gyanchand Gautam S/o Rajkumar Gautam Aged About 21 Years At Parsath, P.O. Belwa, P.S. Mariahu, District Jaunpur, Uttar Pradesh (Incorrectly Mentioned C.G. In Impugned Order) ---Applicant Versus State of Chhattisgarh Through S.H.O, P.S. Mainpur, District Gariyaband Chhattisgarh. --- Non-Applicant Along with MCRC No. 5149 of 2025 Rohit Sonkar S/o Rajendra Sonkar Aged About 18 Years R/o Village Raunakala, Block - Cholapur, District - Varanasi, Uttar Pradesh Pin - 221101 (Particulars Of The Applicant Is Mentioned Correctly) --- Applicant Versus State of Chhattisgarh Through Police Station - Mainpur, District - Gariyabandh Chhattisgarh. --- Non-Applicant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 For Applicants : Mr. Aman Pandey, Advocate. Mr. Vinay Nagdev, Advocate through VC Mr. Anmol Sharma, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. These are the First bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 46/2025 registered at Police Station – Mainpur, District - Gariyabandh, (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 06.04.2025, the Police Authorities of Police Station Mainpur, District Gariyaband (C.G.) received credible and classified information that four persons were illegally transporting contraband Ganja on two motorcycles from Devbhog via Jhariyabahara main road (N.H. 130C) towards Mainpur with the intent to sell it. Acting swiftly upon the said information, the police laid a trap near the Mainpur bus stand and intercepted two motorcycles carrying four persons, namely, Sahid Ali, Rohit Sonkar, Shivchand Yadav, and Gyanchand Goutam. Upon conducting a search, the police recovered 10 kilograms of Ganja from the possession of co-accused Sahid Ali and 13 kilograms of Ganja from Shivchand Yadav, totaling 23 kilograms of narcotic contraband, and from the possession of the Rohit Sonkar and Gyanchan Gautam, motorcycle and mobile phone were seized; 3 no contraband was found from him. All four accused were arrested on the same day 06.04.2025 and Crime No. 46/2025 was registered under Section 20(b)(ii)(B) of the NDPS Act. After conclusion of the investigation, the police filed a charge sheet before the competent trial court. Hence, these bail applications. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case and the alleged contraband article was not recovered from the physical possession of the present applicants. They further submit that police authorities in order to roped them and show it is a case of commercial quantity have roped all of them under one crime number. They also submit that the present applicants have no any previous criminal antecedents and applicants are in jail since 06.04.2025, charge- sheet has been filed before the competent Court, and conclusion of the trial may take some time, therefore, they pray for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that however, the case diary contains evidence showing that the applicants were traveling in the said vehicle, which was following the co-accused who were carrying the said contraband article. She further submits that the applicants actively participated in the crime and were following the vehicle carrying the said contraband article, which is much above the commercial quantity, their involvement in this organized crime is evident, as such, the applicants are not entitled to be released on bail. 4 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 fact that the prosecution case clearly indicates that the accused persons were actively involved in organized illegal trafficking of narcotic substances, as evident from the coordinated movement of four persons on two motorcycles, carrying substantial quantities of contraband for the purpose of sale, which is much above the commercial quantity, their involvement in this organized crime is evident poses a serious threat to public health and safety, and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail applications of the applicants – Shiv Chand Yadav, Gyanchand Gautam and Rohit Sonkar, involved in Crime No. 46/2025 registered at Police Station – Mainpur, District - Gariyabandh, (C.G.), for the offence punishable under Section 20(b)(ii)(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 Rahul Dewangan