1 2025:CGHC:51479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6977 of 2025 Yogesh Sondhiya S/o Mahesh Sondhiya Aged About 39 Years R/o Sindhi Camp Ghamapura, P.S. Haumantal, Jabalpur, District : Jabalpur, Madhya Pradesh --- Applicant versus State of Chhattisgarh Through P.S. G.R.P. Bilaspur, District : Bilaspur, Chhattisgarh --- Non-applicant MCRC No. 7703 of 2025 Laxman Gain S/o Late Sudhanshu Gain Aged About 36 Years R/o Village Jugani Camp, Police Station - Farasgaon, District - Kondagaon Chhattisgarh Present Address Kanchan Vihar, Police Station - Sirgitti, District - Bilaspur Chhattisgarh --- Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station- GRP, Distt. Bilaspur, Chhattisgarh. --- Non-applicant For Applicant in MCRC No. 6977 of 2025 : Mr. Pravin Kumar Tulsyan, Advocate. For Applicant in MCRC No. 7703 of 2025 : Mr. Rajeev Kumar Dubey, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.10.2025 1. Since both these bail applications arise out of the same crime number and the same incident, they have been clubbed, heard together, and are being decided by this common order. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.17 21:01:46 +0530 2 2. These are the first bail application of the respective applicants filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular who have been arrested in connection with Crime No. 117/2024 registered at Police Station GRP Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Sections 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The case of the prosecution in brief is that on 23.10.2024, acting upon a secret information, the police of Police Station G.R.P., Bilaspur conducted a raid at Platform Nos. 2–3, near the toilet, Bilaspur Railway Station (Nagpur end). During the operation, the accused Yogesh Soundhiya was found in possession of a blue-colored bag containing five packets of 2 kilograms each, and the accused Rohit Dwivedi was found in possession of a sky-blue trolley bag containing five packets of 2 kilograms each, thereby recovering a total of 20 kilograms of contraband cannabis (ganja) from their joint possession. Accordingly, a First Information Report bearing Crime No. 117/2024 was registered against both the accused persons under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The further investigation of the case was entrusted to A.C.C.U., Bilaspur, during which both accused, Yogesh Soundhiya and Rohit Dwivedi, were arrested on 24.10.2024. During the course of the investigation, in their memorandum statements, the accused disclosed that the seized contraband ganja had been supplied to them by four constables posted at Police Station G.R.P., Bilaspur, namely Laxman Gain, Mannu Prajapati, Santosh Rathore, and Saurabh Nagwanshi. It was further revealed that prior to the incident, these accused persons were engaged in illegal trafficking of ganja by using different mobile numbers for communication, and that the proceeds from the sale of 3 ganja were being received through UPI transactions, online transfers, and cash payments. They were also using an Ertiga vehicle bearing registration No. CG 10 BG 6127 for transportation of the contraband. The investigation additionally revealed that accused Laxman Gain had a previous criminal record and, on the date of the incident, had taken a private vehicle on hire for duty under the pretext of vehicle checking, during which he traveled to Raigarh, contacted the other accused persons, and returned thereafter. On finding their active involvement in the aforesaid crime, accused Laxman Gain, Mannu Prajapati, Santosh Rathore, and Saurabh Nagwanshi were arrested on 29.10.2024, and Section 29 of the NDPS Act (criminal conspiracy) was added to the case. Subsequently, during further investigation, accused Shyamdhar Chaudhary alias Chhotu Chaudhary was also found to be involved in the offense and was arrested on 15.11.2024. 4. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. They submit that the entire allegations leveled against the applicants are false, baseless, and frivolous. The applicants have not committed any offence as alleged by the prosecution. They are innocent and have been falsely implicated in the present case without any cogent or reliable evidence. It is further submitted that no other criminal case have ever been registered against the applicants. There is no evidence showing the presence of the applicants at the spot. They further submit that the prosecution has failed to produce any CCTV footage or video recording to establish that the applicants were present at Platform No. 2 at the relevant time of the alleged recovery or that the contraband was seized from their conscious possession. They also submit that the alleged incident took place at Railway Platform No. 2, which is a public place where a large number of 4 passengers and other persons were present, and several pieces of luggage belonging to others were lying on the platform. Hence, the alleged recovery cannot be conclusively linked to the applicant. They submit that the quantity of the seized contraband article is of intermediate nature. As per the prosecution itself, only 10 - 10 kilograms of ganja is said to have been seized from the applicant, namely, Yogesh Sondhiya and Rohit Dwivedi which falls within the category of intermediate quantity, and therefore, the rigors of Section 37 of the NDPS Act are not attracted. They submit that the present applicants are in jail since 24.10.2024 and 29.10.2024 respectively, the trial is likely to take a long time for its final conclusion. Continued detention of the applicants would serve no useful purpose. Therefore, they pray for grant of regular bail to the applicants. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that as per the case diary, it is clearly established that the applicants/accused persons, namely Laxman Gain and Yogesh Sondhiya, in criminal conspiracy with co-accused Saurabh Nagwanshi, Rohit Dwivedi, and constables Santosh Rathore and Mannu Prajapati, have jointly committed a heinous offence of ganja trafficking through a well-planned and organized network. The investigation has revealed that the present applicants were actively involved in facilitating the transportation and illegal trade of contraband along with other co-accused persons, thereby abusing his position as a member of the police force and betraying public trust. He further submits that the bail application of the other co- accused persons, namely, Rohit Kumar Dwivedi and Mannu Prajapati have already been rejected by this Court in MCRC No. 1170 of 2025 and 5 MCRC No. 1150 of 2025 vide order dated 10.02.2025 and 13.02.2025, therefore, the bail applications of the present applicants also entitled to be dismissed. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, it is apparent that the applicants/accused persons, namely, Laxman Gain and Yogesh Sondhiya, in active connivance with co-accused Saurabh Nagwanshi, Rohit Dwivedi, Santosh Rathore, and Mannu Prajapati, have committed a serious and organized offence of trafficking contraband ganja through criminal conspiracy. The quantity of the contraband substance alleged to have been recovered from the possession of the applicants, namely, Yogesh Sondhiya and Rohit Dwivedi, is 10 kilograms each (total 20 kilograms of ganja). Furthermore, it is noted that the bail applications of the other co-accused persons, namely, Rohit Kumar Dwivedi and Mannu Prajapati, have already been rejected by this Court in MCRC No. 1170 of 2025 and MCRC No. 1150 of 2025, vide orders dated 10.02.2025 and 13.02.2025, respectively, therefore, this Court is of the considered opinion that the applicants are not entitled for grant of regular bail in the present case. 8. Accordingly, the bail applications of the applicants - Yogesh Sondhiya and Laxman Gain involved in Crime No. 117/2024 registered at Police Station GRP Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Sections 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 6 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek