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2026 DAILYLAW 1072 (CHH)

RAKESH VERMA v. STATE OF CHHATTISGARH

MCRC/752/2026 · 2026-01-20

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Judgment text

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1 2026:CGHC:3611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 752 of 2026 Rakesh Verma S/o Rupu Verma Aged About 34 Years R/o Khapridih Khurd, Police Station - Kharora, District - Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House O-cer, Police Station - Kharora, District Raipur Chhattisgarh. ... Non-applicant For Applicants : Mr. Satya Prakash Verma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.308/2025, registered at Police Station – Kharora, District Raipur (C.G.) for the o;ences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that on 20.05.2025 the Police of Police Station Kharora received secret information from an informant that accused Mohan Singh Koshle @ Rakesh was in RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 illegal possession of cannabis intended for sale. Acting upon the said information, the police conducted a raid and allegedly recovered 27.894 kg of cannabis from the possession of the said accused. Consequently, an o;ence punishable under Section 20(b) of the NDPS Act was registered against accused Mohan Singh Koshle @ Rakesh. During investigation, his memorandum statement was recorded, and on the basis of the said memorandum, the present applicant was also implicated and arrested by the police. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. He contends that the alleged recovery of cannabis has been made exclusively from the possession of co-accused Mohan Singh Koshle, and no contraband whatsoever has been recovered from the present applicant. It is further submitted that the implication of the applicant is based solely on the memorandum statement of the said co-accused, which by itself does not constitute substantive evidence. He submits that the applicant has no previous criminal antecedents and is not a previously convicted person, and that there is no prima facie material available in the charge-sheet to establish his involvement in the alleged o;ence. It is further argued that the charge-sheet has already been Bled and no further investigation remains pending, therefore continued incarceration of the applicant would serve no useful purpose. He also submits that the co-accused resides far away from the place of residence of the present applicant, that the essential ingredients of the alleged 3 o;ence are not attracted against him, and that the applicant has been in jail since 17.11.2025, and the conclusion of the trial is likely to take some time, therefore, hhe prays for grant of bail to the applicant. 4. Learned State counsel opposes the bail application and submits that a huge quantity of cannabis, i.e., 27.894 kg, which is much above the commercial quantity, has been seized from the possession of the co-accused Mohan Singh Koshle @ Rakesh. It is further submitted that the present applicant has been implicated during investigation on the basis of the memorandum statement of the said co-accused, and the charge-sheet has already been Bled. She further submits that the bail application of the main accused, namely Mohan Singh Koshle @ Rakesh, has already been rejected by this Court in MCRC No. 8818/2025 vide order dated 06.11.2025, and therefore, the gravity of the o;ence under the NDPS Act involving commercial quantity, the present applicant is also not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the nature and gravity of the o;ence, this Court Bnds that a huge quantity of contraband, i.e., 27.894 kg of cannabis, which is much above the commercial quantity, has been seized in the present crime. Though no contraband has been recovered from the possession of the present applicant, his involvement has surfaced 4 during investigation on the basis of the memorandum statement of the co-accused, which discloses his role in the alleged transaction. The manner in which the contraband was procured and intended to be sold prima facie indicates an organised and systematic activity, falling within the ambit of organised narcotic crime. Further takes note of the fact that the bail application of the co-accused, namely Mohan Singh Koshle @ Rakesh, from whose possession the commercial quantity of ganja was seized, has already been rejected by this Court. In view of the statutory embargo contained under Section 37 of the NDPS Act and the seriousness of the o;ence, this Court is not inclined to enlarge the applicant on bail. 7. Accordingly, the bail application of applicant – Rakesh Verma involved in Crime No.308/2025, registered at Police Station – Kharora, District Raipur (C.G.) for the o;ences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 9. The O-ce is directed to provide a certiBed copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan