Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2460
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 343 of 2025 Mahesh Yadav S/o Trilochan Yadav Aged About 45 Years R/o Village Mathhpahad, Police Station Bagbahar, District Jashpur C.G.
... Applicant versus State Of Chhattisgarh Through The Police Station-Bagbahar, District Jashpur C.G.
---- Non-Applicant For Applicant : None For Non-Applicant/State : Mr. Sangharsh Pandey, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2025
1. None appears nor any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since
09.10.2024. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 3. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 94/2024 registered at Police Station Bagbahar District - Jashpur (C.G.), for the offence punishable under KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 4. Case of the prosecution, in brief, is that on 02.06.2024, the police of police station-Bagbahar, District- Jashpur, received secret information from the informant, upon such information, conducted raid and have seized 27 packets of narcotic drug, weighing 28 kg and 705 gram of Ganja from the possession of present applicant and other accused persons and thereby, police arrested the applicant and registered case for offence under Section 20 (B) of NDPS Act against applicant. 5.
Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and submits that the applicant along with three co-accused persons, one of them was juvenile who travelling in car from which the contraband article i.e. 28.705 Kg of Ganja seized and juvenile was arrested and the present applicant along with two other co-accused were absconded and thereafter, arrested and the contraband article which is said to have been recovered from the accused persons, is much above the commercial quantity and after taking memorandum statement of the co-accused namely Mohit Yadav (juvenile), the present applicant along with two co-accused persons have made accused and the present applicant named in the FIR and further the fact that the bail application of the co- accused namely Hiradhar Yadav has already been rejected by this Court in MCRC No. 9058/2024, vide order dated 02.01.2025. Hence, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the State and perused the case diary. 3
7. From perusal of the case diary, it transpires that the applicant along with three co-accused persons, one of them was juvenile who was travelling in car from which the contraband article i.e. 28.705 Kg of Ganja seized and juvenile was arrested and the present applicant along with two other co-accused were absconded and thereafter, arrested and the contraband article which is said to have been recovered from the accused persons, is much above the commercial quantity and after taking memorandum statement of the co-accused namely Mohit Yadav (juvenile), the present applicant along with two co-accused persons have made accused and the present applicant has named in the FIR and further the fact that the bail application of the co-accused namely Hiradhar Yadav has already been rejected by this Court in MCRC No. 9058/2024, vide order dated 02.01.2025, thus, this Court does not find a fit case to release the present applicant on bail.
8. Accordingly, the bail application of the applicant –Mahesh Yadav, filed under Section 483 of the BNSS, involved in Crime No. 94/2024 registered at Police Station Bagbahar District - Jashpur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce 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 Kunal