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2025 DAILYLAW 43711 (CHH)

ANAND NISHAD v. STATE OF CHHATTISGARH

MCRC/7630/2025 · 2025-09-21

body2025

Judgment text

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1 2025:CGHC:48609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7630 of 2025 Anand Nishad S/o Pyarelal Nishad Aged About 35 Years R/o Bintoli Daunaha, P.S. Daunaha, Distt. Pashchim Champaran, Bihar. ... Applicant versus State of Chhattisgarh Through Police Station-Bhatapara City, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-applicant For Applicant : Mr. Adil Minhaj, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.09.2025 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. 69/2025 registered at Police Station – Bhatapara City, District – Baloda-Bazar-Bhatapara (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution, on 02.02.2025, the police apprehended the applicant near Hanuman Mandir under the bridge, Bhatapara, carrying ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.22 17:56:39 +0530 2 12.3 kgs of ganja. It has further been alleged that another accused, Dashrath, was also arrested carrying 13.44 kgs of ganja. Thereafter the said offence was registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He also submits that the present applicant has no criminal antecedents and he is in jail since 26.03.2025, 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 charge-sheet has already been submitted before the competent Court in the present case. He further submits that the quantity of contraband article i.e. 25.74 Kgs of Ganja, was recovered from the joint possession of the present applicant and other co-accused person, which 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 fact that the contraband article which has been seized from the joint possession of the present applicant other co-accused person which is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Anand Nishad, involved in Crime No. 69/2025 registered at Police Station – Bhatapara City, District – Baloda-Bazar-Bhatapara (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 3 8. 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 Abhishek