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2025 DAILYLAW 40984 (CHH)

AJIT YADAV v. THE STATE OF CHHATTISGARH

MCRC/6717/2025 · 2025-08-25

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Judgment text

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1 2025:CGHC:43254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6717 of 2025 Ajit Yadav S/o Umashankar Yadav, Aged About 24 Years R/o Village Dhaneja, Police Station Jafrabaad, District - Jaunpur (U.P.) ... Applicant versus The State Of Chhattisgarh Through Police Station - Tikarapara, District - Raipur (C.G.) ... Respondent For Applicant : Ms. Dyna Bajrang, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.31/2025 registered at Police Station Tikrapara, District Raipur (C.G.) for the offence punishable under Section 20(c) of the NDPS Act, 1985. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.28 19:21:16 +0530 2 2. Case of the prosecution, in brief, is that on 12.01.2025, information was received from an informer that in front of the new bus stand Bhatgaon Gate No. 01 in Raipur, a thin man with a light beard and moustache, wearing a black and blue tracksuit and blue lower, has illegal ganja in a green, blue and red lined plastic bag and is looking for a customer to sell it. On reaching the spot they identified the Applicant as the one with that description and carried on the investigation proceedings and arrested the Applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. She would submit that trial is in progress and seizure witness have turned hostile, applicant is in jail since 12/01/2025, charge sheet has been filed and conclusion of the trial may take quite long time. Accordingly, she prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submit that the quantity of contraband article i.e. 20.410 kg Ganja recovered from the possession of the applicant, which is 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 material available on record. 6. Considering the fact that the contraband article Ganja which has been seized i.e. 20.410 kg from the possession of the applicant is above the commercial quantity, further the applicant has failed to give explanation 3 for the same and it cannot be a case of false implication, the trial is in progress, therefore this court is not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant Ajit Yadav, involved in Crime No.31/2025 registered at Police Station Tikrapara, District Raipur (C.G.) for the offence punishable under Section 20(c) of the NDPS Act, 1985, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, within a period of three months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri