PRADEEP YADAV @ MONU @ PRADEEP CHOUDHARY v. THE STATE OF CHHATTISGARH
MCRC/9141/2025 · 2025-11-12
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[ 2025 DAILYLAW 58846 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58846 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:55375
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9141 of 2025 Pradeep Yadav @ Monu @ Pradeep Choudhary S/o Swaminath Yadav Aged About 38 Years R/o Machwan, Post Tiyara, P.S Sahabganj, District Chandouli,U.P. ...Applicant
versus The State Of Chhattisgarh Through S.H.O., P.S Ambikapur, District Sarguja C.G. ... Non-Applicant
For Applicant : Mr. Praveen Soni, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025
1. This is the Second 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. 0547/2024 registered at Police Station – Ambikapur District – Sarguja (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act,1985. 2. The earlier bail application of the applicant, being MCRC No. 1019 of 2025, was dismissed vide order dated 05.02.2025 on merits. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.17 14:30:53 +0530
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3. The Prosecution's Case, on 16.08.2024, officers of PS Ambikapur, District Sarguja CG has recovered 22.000 Kg. of Ganja (a contraband substance) from the illegal possession of the 2-Other Accused/s. During investigation, the Applicant was arrested on 18.01.2025 in connection with the commission of an offence punishable under Section 20(C) of the NDPS Act. 4. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case, as no specific or direct evidence is available against him. The allegations are vague and general in nature. He further submits that the present applicant is a reputed person and runs a school in his locality. Not a single gram of Ganja (a contraband substance) was recovered from the possession of the applicant rather, he was arrested solely on the basis of the memorandum-statements of two co-accused persons, from whose possession 22 kg of Ganja was recovered by officers of PS Ambikapur, District Sarguja (C.G.) on 16.08.2024. The applicant is innocent and has been falsely implicated, as no contraband was recovered from his exclusive possession. The alleged offence is triable by a Magistrate and is not punishable with life imprisonment or death.
The investigation in the present case is complete, and the Charge-Sheet has already been filed on 05.02.2025 before the Special Judge (NDPS), Sarguja, Ambikapur (Case No. SCIC (NDPS ACT) – SPL GAL CASE NDPS ACT/5/2025). After filing of the Charge- Sheet, only three witnesses have been examined up to 11.09.2025, and none of them has named the present Applicant. The Applicant is the sole breadwinner of his family, and his continued pretrial incarceration since 18.01.2025, therefore, he prays for enlarging the
3 / 4 applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that quantity of contraband article i.e. 22.000 Kgs of Ganja was recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicants are not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the overall facts and circumstances of the case, it is noted that the quantity of Ganja seized, i.e., 22.000 kg, clearly falls within the definition of commercial quantity under the NDPS Act. Furthermore, it is observed that the complicity of the applicant surfaced during the course of investigation, and the material collected by the prosecution prima facie indicates his involvement in the illegal transportation of the contraband substance. A careful perusal of the case diary reveals sufficient prima facie material demonstrating the applicant’s active participation in the illegal possession and transportation of a substantial quantity of the contraband article. In the absence of any new grounds being raised in the present second bail application, and considering the gravity and seriousness of the allegations, this Court is of the considered view that no case for grant of bail is made out. Accordingly, the second bail application of the applicant merits rejection
8. Accordingly, the Second bail application of the applicant – Pradeep Yadav @ Monu @ Pradeep Choudhary, involved in Crime No. 0547/2024 registered at Police Station – Ambikapur District – Sarguja
4 / 4 (C.G.), for the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act,1985, is rejected. 9.
Office 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 vaibhav