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2025 DAILYLAW 56859 (CHH)

KRISHNA SHUKLA @ BABU v. STATE OF CHHATTISGARH

MCRC/9327/2025 · 2025-11-18

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Judgment text

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1 2025:CGHC:56324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9327 of 2025 Krishna Shukla @ Babu S/o Shri Rajesh Shukla Aged About 20 Years R/o Gali No. 03 Near Jaiswal Aata Chakki, Sarkanda, Bilaspur, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Komakhan, District Mahasamund (C.G.) ... Non-applicant For Applicant : Ms. Yogita Naik, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.11.2025 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. 79/2025 registered at Police Station– Komakhan, District Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Komakhan, District Mahasamund, (C.G.), had received secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 information from the informant and on the basis of the said information conducted a raid and seized total 40 Kgs (20-20 Kgs) contraband article Ganja from the joint possession of the present applicant and co-accused person. Thereafter, the Police has registered the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article was not recovered from the exclusive possession of the present applicant and no any contraband article has been seized from the applicant. She also submits that prima facie the police has registered the crime against the driver of the swift D-zire bearing registration No. CG 10AY-7100 which was found in accident condition on the public place, however the said vehicle belongs to one Rukhman Rajput. She further submits that the incident took place on 04.08.2025 but the present applicant has been arrested on 08.09.2025 only on the basis of suspicion. She also submits that the applicant is a student and preparing for examination and he has no previous criminal antecedents and he is in jail since 08.09.2025 and conclusion of the trial may take some time, therefore, she 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 quantity of contraband article i.e. total 40 Ganja from the joint possession of the present applicant along with co-accused person, which is much 3 above the commercial quantity, as such, the applicants are 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 i.e. total 40 Ganja from the joint possession of the present applicant along with co-accused person, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Krishna Shukla @ Babu, involved in Crime No. 79/2025 registered at Police Station– Komakhan, District Mahasamund (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Rahul Dewangan