Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:2441
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 534 of 2026 Abhishek Ray S/o Ashim Ray Aged About 23 Years R/o Ward No. 9, Raighar, P.S. Raighar, Distt Navrangpur Odisha
... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Farasgaon, District – Kondagaon, Chhattisgarh.
---- Non-applicant For Applicant : Mr. Ashutosh Singh Kachhawaha, Advocate. For Non-Applicant/State : Mr. Priyank Rathi, Govt. Advocate.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 15.01.2026
1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 59/2024, registered at Police Station- Farasgaon, District – Kondagaon (C.G.) for the offences punishable under Sections 420, 467, 468 and 471 of the IPC and 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 Case of the prosecution, in brief, is that on 31.05.2024 at about 21.00 hours, acting upon a secret information, the police intercepted the present applicant Abhishek Rai near the culvert of village Barkai on Farasgaon- Makdi Main Road, where he was found illegally transporting 29.180 Kgs of Ganja on a RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 motorcycle bearing a forged registration number plact CG04 JF-3902; upon investigation, it was revealed that the said number plat was fake and had been used with the intention to conceal identity and evade law enforcement thereby offences were registered against the present applicant. Hence, this application.
3. First bail application of the applicant has been rejected by this Court vide order dated 23.06.2025 passed in MCRC No. 4770/2025.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is in jail since 31.05.2024 and till date out of 18 prosecution witnesses only 4 witnesses have been examined by the trial Court. Therefore, he prays that the applicant be granted bail.
5.
Learned counsel for the State opposes the bail application and submits that a total of 29.180 Kgs of Ganja has been seized, which is much above the commercial quantity, and on the same basis the first bail application of the applicant was rejected by this Court. It is further submitted that the charge-sheet has been filed in this case. Hence, his bail application is liable to be dismissed.
6. I have heard learned counsel for the parties and perused the material available on record.
7. Considering the ground made by the the applicant that till date out of 18 prosecution witnesses only 4 witnesses have been examined by the trial Court, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence.
8. Taking into consideration the fact that the quantity of contraband article
3 29.180 Kgs of Ganja has been seized from the possession of the applicant, which is much above the commercial quantity and the charge-sheet has been filed in this case, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
9. Accordingly, the Second bail application of applicant – Abhishek Ray involved in Crime No. 59/2024, registered at Police Station- Farasgaon, District – Kondagaon (C.G.) for the offences punishable under Sections 420, 467, 468 and 471 of the IPC and Section 20(B) of the NDPS Act, is rejected at this stage.
10. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously.
11. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Rajshekhar