1 2025:CGHC:52705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8459 of 2025 Nikhil Sudam Girhepunje S/o Lt. Sudam Girhepunje Aged About 26 Years R/o Village Tamaswadi, Tehsil Tumsar, District Bhandara, M.H. ... Applicant(s) versus State Of Chhattisgarh Through Sho P/s Narcotics Control Bureau, Zonal Unit, Raipur, C.G. ... Non-applicant For Applicant : Mr. Manoj Kumar Yadav, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/10/2025 1. This is the 昀椀rst bail application 昀椀led 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 NCB Crime No. 07/2024 registered at Police Station NCB, Zonal Unit, Raipur, District – Raipur (C.G.), for the o昀昀ence punishable under Sections 08/20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that the concerned o昀케cer of the Railway Protection Force (RPF) received credible information regarding illegal transportation of contraband substances. Acting upon such information, a raid was conducted, during which 31.840 kilograms of cannabis was allegedly seized from the possession of the present applicant and the co-accused. Consequently, the applicant was apprehended and handed over to the Narcotics Control Bureau (NCB) for further investigation and necessary proceedings. Thereafter, the applicant was produced before the learned trial Court, which remanded him to judicial custody. The applicant has been in custody since 10.04.2024. 3. Learned counsel for the applicant submits that the entire case of the prosecution against the present applicant is false, baseless, and fabricated, being founded on incorrect facts deliberately concocted by the police authorities. It is submitted that the applicant was arrested by the NCB, Zonal Unit, Raipur (C.G.), on 10.04.2024 for the alleged o昀昀ence punishable under Sections 8/20 read with Section 29 of the NDPS Act, and was thereafter produced before the concerned Court, which remanded him to judicial custody, where he continues to remain till date. The fact that the applicant has been in continuous judicial custody itself indicates that no further custodial interrogation is required, and keeping him behind bars would serve no fruitful purpose. It is further submitted that the alleged o昀昀ence is triable by the Sessions Court and is not punishable with life imprisonment or capital punishment. The applicant is the sole bread earner of his family and bears the 3 responsibility of supporting his widowed mother, especially after the recent demise of his father, as re昀氀ected from the order sheets. His prolonged incarceration would cause undue hardship and deprive his family of their livelihood and he is in jail since 10.04.2024, in the present case, charge-sheet has 昀椀led before the competent Court and the applicant has no criminal antecedents and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the prayer for grant of bail and submits that the charge-sheet has been 昀椀led in the present case before the competent Court however, the quantity of contraband article which has been recovered from the joint possession of the applicant along with co-accused, 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. From perusal of the case diary, it transpires that the contraband article which has been seized from the joint possession of the applicant along with co-accused, is much above the commercial quantity and the applicant has failed to give an explanation regarding the same and it cannot be a case of false implication, hence, this Court does not 昀椀nd a 昀椀t case to release the applicant on regular bail. 4 7. Accordingly, the bail application of the applicant – Nikhil Sudam Girhepunje 昀椀led under Section 483 of the B.N.S.S., involved in NCB Crime No. 07/2024 registered at Police Station NCB, Zonal Unit, Raipur, District – Raipur (C.G.), for the o昀昀ence punishable under Sections 08/20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial concerned is at liberty to proceed and conclude the trial expeditiously. 9. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Kunal