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2026 DAILYLAW 17037 (CHH)

VIRENDRA GANDHARV (BIRENDRA GANDHARV @ BEERU) v. STATE OF CHHATTISGARH

MCRC/1739/2026 · 2026-02-18

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Judgment text

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1 2026:CGHC:8828 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1739 of 2026 Virendra Gandharv (as per adhaar Birendra Gandharv @ Beeru) S/o Jaganath Gandharv Aged About 45 Years R/o Village- Sirsahi P.S. Thelkadih District- Khairagarh -Chhuikhadan-Gendai (C.G.) ... Applicant versus State Of Chhattisgarh Through- Officer -In Charge Of P.S. Torwa, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Shashi Bhushan Tiwari, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, PL.. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026 1. This is the 1st bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.20 15:45:45 +0530 2 bail to the Applicant who has been arrested in connection with Crime No.309/2025 registered at Police Station – Torwa, District- Bilaspur (C.G.), for the offence under Section 20b(ii) (c) of NDPS Act. 2. The prosecution's story in brief is that on the basis of secret information, police intercepted a car bearing No. CG/04/QC/4755 and allegedly recovered 284 kg of Ganja from the vehicle. Two persons present in the car were apprehended on the spot and the contraband was seized from their possession. The present Applicant was neither present at the place of seizure nor any contraband was recovered from him. His implication in the case is solely based on the memorandum statements of co-accused persons alleging that they were working for him. No discovery or recovery has been made from the Applicant pursuant to any such statement. Based on these allegations, the aforementioned offence has been registered against the present Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case for which, he is behind the bars since 27.12.2025. It is contended that no seizure has been made from the physical possession of the Applicant and his name has come into light 3 only on the basis of the memorandum statement of the co- accused from whom, seizure of 284 kgs of contraband was made. He lastly submits that the Applicant has no previous criminal antecedents, charge sheet has been filed and conclusion of trial is likely to take considerable time, therefore, he may be released on bail. 4. Per contra, learned Counsel for the State opposes the bail application and submits that the present case pertains to organized crime and the Applicant has already been charge- sheeted during the course of trial. It is further submitted that the name of the Applicant appears in the Criminal Record Report (CRR), indicating criminal antecedents. Therefore, considering the nature and gravity of the offence as well as the criminal history of the Applicant, the present bail application deserves to be rejected. 5. Heard learned Counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the allegations, the fact that the offence is stated to be part of an organized crime, that the Applicant has already been charge-sheeted during the course of trial and further taking note of the submission of learned State Counsel that the name of the Applicant appears in the Criminal Record Report (CRR) indicating criminal 4 antecedents, this Court is not inclined to grant regular bail to the present Applicant at this stage 7. Accordingly, the bail application of the Applicant – Virendra Gandharv involved in Crime No.309/2025 registered at Police Station – Torwa, District- Bilaspur (C.G.), for the offence under Section 20b(ii)(c) of NDPS Act, is hereby rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya