Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45008
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6984 of 2025 1 - Aakash Kushwaha S/o Roopnarayan Kushwaha, Aged About 26 Years R/o - Village - Marawat, Police Station - Kishanganj, District - Bara (Rajasthan) 2 - Nilesh Malviya, S/o Shivnarayan Malviya, Aged About 30 Years R/o - Village - Nayapura Kheda Naroula, Police Station - Sujalpur, District - Shajapur (M.P.)
---- Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station - Ganj, District – Raipur (C.G.)
---- Non-applicant
For Applicants : Ms. Pooja Yadav, Advocate. For Non-applicants/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 03.09.2025
1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.99/2025, registered at Police Station – Ganj, District – Raipur (C.G.) for the offences punishable RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Ganj, District – Raipur (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 20.270 Kgs of Ganja from the possession of the present applicants. Thereafter, the applicants was arrested and the case was registered by the Police. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 11.04.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 20.270 Kgs of Ganja has been seized from the possession of the applicants, which is much above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 3
6.
Taking into consideration the fact that the quantity of contraband article seized from the possession of the applicants i.e. 20.270 Kgs of Ganja, is much above the commercial quantity and the applicants is failed to give any explanation for the same and it could not be a case of false implication, the charge-sheet has been filed in this case, hence, the bail application of applicants – Aakash Kushwaha and Nilesh Malviya involved in Crime No.99/2025, registered at Police Station – Ganj, District – Raipur (C.G.) for the offences punishable under Section 20(B) of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha) Chief Justice
Rajshekhar