Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:55905
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8257 of 2025 1 - Nandlal Yadav S/o Pitamber Yadav Aged About 34 Years Occupation - Cultivator, R/o Sihardhar, Police Station- Lailunga, District - Raigarh (C.G.) 2 - Murli Yadav (Wrongly Mentioned As Gusli Yadav In Fir) S/o Lalu Yadav Aged About 28 Years Occupation - Cultivator, R/o Katghara, Baiskimuda, Police Station - Lailunga, District - Raigarh (C.G.) ... Applicants
versus State Of Chhattisgarh Through - Station House Officer, Police Station - Lailunga, District - Raigarh (C.G.) ...Non-applicant
For Applicants : Mr. Jitendra Kumar Saxena, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocatel Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 17.11.2025
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 applicants who have been arrested in connection with Crime No. 58/2025 registered at Police Station – Lailunga, District – Raigarh (C.G.), for the offence punishable under Section 20(b) & 29 of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:24 +0530
2 Narcotic Drugs and Psychotropic Substances Act and Section 111 of BNS. 2. The prosecution story in brief, is that on the basis of secret information received through informant, the Assistant Sub-Inspector of Police Station, Lailnga namely Chandansingh Netam along with other police personnel conducted raid in the house of Keshav Yadav at Village Sonajori on 08.03.2025 and allegedly recovered 22 kg. cannabis from his possession. Accordingly the FIR bearing crime no. 58/2025 was registered against Keshav Yadav and Natthu @ Ludro Yadav. During course of investigation, the memorandum of main accused Keshav the basis of his Yadav was recorded and memorandum statement, the present applicants have been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the concerned police have recovered 11 kg of cannabis from accused Keshav Yadav and another 11 kg from accused Natthu @ Ludro Yadav; however, no cannabis has been recovered from the possession of the present applicants, who were arrested nearly 18 days after the seizure without any basis, and only mobile phones were recovered from them.
In his memorandum statement, accused Keshav Yadav stated that on 01.03.2025 he had brought 60 kg of cannabis from Odisha for sale, out of which 17 kg was sold to Dinesh Yadav, 21 kg to Girdhari Yadav, and the remaining 22 kg was kept in the courtyard of his house at Sonajori, and even from this statement there is no direct or indirect involvement of the present applicants in the alleged crime. The applicants are the sole
3 earning members of their families, and their prolonged pre-trial detention will adversely affect the livelihood of their dependents. As the trial is likely to take considerable time for conclusion, the applicants may kindly be enlarged on bail, and they undertake to appear before the trial Court during the course of trial and not to misuse the liberty, the applicants are in jail since 26.03.2025. therefore, it is prayed that applicants be released on bail in the present case. 4. On the other hand, learned State Counsel opposes the bail application of the present applicants and submits that the alleged contraband, which was recovered from the under-construction house of co- accused Keshav Yadav, connects the applicants with the crime in question. It is further submitted that a charge-sheet has been filed against the applicants as well as other co-accused. Shee also submits that the memorandum statements of the arrested co-accused reveal that a Creta car, four forged number plates, and seven mobile phones were seized, which, according to the prosecution, indicate the involvement of the applicants in the illegal transportation of contraband which is an organized crime, therefore 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, it is evident that a total quantity of 22 kilograms of contraband (ganja) was recovered from the under-construction house of co-accused Keshav Yadav, and pursuant to his memorandum statement, multiple vehicles including a
4 Creta car bearing registration No. CG 15 EE 0343, a Brezza car bearing registration No. OD 15 Q 2553, and a Venue car bearing registration No. OD 15 R 4047 along with four forged number plates and several mobile phones were seized, which indicates that the applicants were also involved in the illegal transportation of contraband as part of an organized crime. The applicants’ involvement has also been established during the course of the investigation, and a charge-sheet has been filed against them as absconders. If they are released on bail, there is a likelihood that they may abscond again. It is further noted that some co-accused, namely Pitambar Yadav, Tarabai Yadav, and Girdhari Yadav, have also been declared absconding, and the earlier bail application of co-accused Keshav Prasad Yadav has already been rejected by the trial Court, and the bail application of one Dinesh Yadav has already been rejected by this Court. Considering the seriousness of the alleged illegal activity, this Court is not inclined to grant bail to the present applicants. 7. Accordingly, the bail application of the applicants – Nandlal Yadav & Murli Yadav involved in Crime No. 58/2025 registered at Police Station – Lailunga, District – Raigarh (C.G.), for the offence punishable under Section 20(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act and Section 111 of BNS, is rejected. Sd/-
(Ramesh Sinha)
Chief Justice vaibhav