Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:45015
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7008 of 2025 Dayashankar Yadav S/o Chhotelal Yadav, Aged About 51 Years R/o - Village - Bhilgaur, PO- Gaura, Police Station - Jigna, Mirzapur, District - Mirzapur, Uttar Pradesh
... Applicant versus State of Chhattisgarh Through - Police Station - Kukdur, District - Kabirdham, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Yuddhveer Singh, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.09.2025
1. As per the office report, the present bail application is the second bail application filed on behalf of the applicant, although it has been stated to be the first bail application. Learned counsel for the applicant could not offer a plausible explanation for filing the present bail application while deeming it to be the first, despite the fact that the earlier application has already been rejected. Learned State Counsel has pointed out that the applicant’s first bail application was rejected by this Court vide order dated 02.07.2025, passed in PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.04 14:36:15 +0530
2 MCRC No. 3911/2025
2. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.33/2025, registered at Police Station – Kukdur, District - Kabirdham (C.G.) for the offence punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. 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 The aforesaid articles were seized, offence was registered, samples were withdrawn from the article, accused person was arrested, statements of the witnesses were recorded and on the basis of memorandum statement of co-accused Dulbo Bisoi,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. 4.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits 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
3 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 grant of bail. 5. Learned State Counsel opposes the bail application and submits that the applicant’s first bail application was rejected by this Court vide order dated 02.07.2025, passed in MCRC No. 3911/2025, therefore, the present bail application is liable to be rejected. 6. I have heard learned State Counsel and perused the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant’s first bail application was rejected by this Court vide order dated 02.07.2025, passed in MCRC No. 3911/2025, further 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/-, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant - Dayashankar Yadav involved in Crime No.33/2025, registered at Police Station – Kukdur, District - Kabirdham (C.G.) for the offence punishable under Sections 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 4
9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10.
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 Preeti