Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6530
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1019 of 2025 1 - Pradeep Yadav @ Monu S/o Swaminath Yadav Aged About 38 Years R/o Village- Tiyara, P.S. - Sahabganj Distt.- Chandouli (U.P.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through- The Station House OfÏcer, Police Station- Ambikapur Distt.- Surguja (C.G.)
... Respondent(s) ________________________________________________________ For Applicants : Mr. A.N. Pandey, Advocate For-Non-applicant : Mrs. Smriti Shrivastava, PL. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05/02/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 547 of 2024 registered at Police Station – Ambikapur, District Surguja (C.G.) for the offence punishable under Section 20 (C) of the N.D.P.S. Act. 2. Case of the prosecution, in brief, is that on 18.01.2025 the police of Police Station-Ambikapur received secret information NISHA DUBEY Digitally signed by NISHA DUBEY
2 that the applicant and co-accused Dinesh Paswan are in possession of illegal Ganja for the purpose of sale. On the basis of the secret information, the accused persons were apprehended and total 22 kg ganja was seized from their possession. After completing the mandatory requirements, entire Ganja was seized and present applicant was arrested by the police. 3. It has been argued by the learned counsel for the applicant that present applicant has been falsely implicated in the crime in question. He submits that no contraband article was recovered from exclusive possession of present applicant. Name of applicant does not find place in FIR and only on the basis of conversation of applicant with co-accused over mobile phone, his involvement was shown in the crime in question. Applicant is in jail since 18.1.2025, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the contraband article which is said to have been recovered from co-accused is a commercial quantity i.e. 22 kg ganja. It is an organized crime and moreover it has been pointed out by the State counsel that the investigation is still pending and charge-sheet has not been submitted. 5. I have heard learned counsel for the parties and perused the
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Considering the facts and circumstances of case, quantity of Ganja seized which is the commercial quantity and further considering the fact that the complicity of applicant has come into light during the course of investigation and his involvement also found for illegal transportation of contraband article; the investigation is under progress, this Court is not inclined to grant regular bail to the applicant. Accordingly, the bail application of applicant- Pradeep Yadav @ Monu, involved in Crime No.547 of 2024, under Section 20(C) of the N.D.P.S. Act at Police Station – Ambikapur, District – Surguja (C.G.), is rejected. Sd/- (Ramesh Sinha) Chief Justice Nisha