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2026 DAILYLAW 19938 (CHH)

HARDEEP SINGH MEHARA @ HARPRIT @ GOGE v. STATE OF CHHATTISGARH

MCRC/4603/2026 · 2026-05-14

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Judgment text

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1 2026:CGHC:23259 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4603 of 2026 Hardeep Singh Mehara @ Harprit @ Goge S/o Hem Singh Mehara Aged About 38 Years R/o Zone 03, Road No. 03, Q No. 04 A, Khursipar Bhilai Police Station Khursipar, District : Durg, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Berla, District : Bemetara, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Aman Pandey, Advocate. For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 149/2025, registered at Police Station Berla, District : Bemetara (CG) for the offence punishable under Sections 20(b) of NDPS Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is on the basis of secret information, the police intercepted and seized 105 kilograms of ganja from Pickup Vehicle bearing registration No. CG-04-JD- 7437, which was allegedly in possession of co-accused Mohammad Khan @ Ayaz. During investigation, on the basis of the memorandum statement of co-accused Mohammad Khan @ Ayaz, it surfaced that the contraband was allegedly being transported at the instance of the present applicant/accused, Hardeep Singh Mehara @ Harprit @ Goge. It is alleged that the applicant instructed the co-accused to contact mobile number 9348081523 and to hand over an amount of Rs.1,00,000/- to co- accused Abram Naik for procurement of the contraband i.e. ganja. The prosecution has further relied upon the Call Detail Records (CDR) annexed with the challan and produced during the course of investigation. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated only on the basis of memorandum statement and he is in jail since 01.04.2025. He further submits that the mandatory provisions with regard to search and seizure were not complied with in this case. He also submits that, so far as the status of trial is concerned, out of 39 witnesses, the statement of only 01 witness has been recorded till date, therefore, the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 3 4. Learned counsel appearing for the State/non-applicant opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the present applicant is mastermind and facilitated the transportation of 105 kilograms of ganja, which is above the commercial quantity as prescribed under the NDPS Act, by directing co-accused Mohammad Khan @ Ayaz to contact a particular mobile number and deliver Rs.1,00,000/- to co-accused Abram Naik for procurement of the contraband. The name of present applicant has come into light from the memorandum statement of the co-accused and the Call Detail Records (CDR) collected during investigation, which show the involvement of the applicant in the present case, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. From perusal of the case diary, it transpires that the present applicant is the mastermind behind the alleged offence and facilitated the transportation of 105 kilograms of ganja, which is above the commercial quantity as prescribed under the NDPS Act, by directing co-accused Mohammad Khan @ Ayaz to contact a particular mobile number and to deliver an amount of Rs.1,00,000/- to co-accused Abram Naik for procurement of the contraband. The investigation further reveals that the name of the 4 present applicant has surfaced from the memorandum statements of the co-accused persons as well as from the Call Detail Records (CDR) collected during the course of investigation, which prima facie indicate the involvement of the applicant in illicit trafficking of the contraband substance in collusion with other co-accused persons, hence, it cannot be a case of false implication. So far as the status of trial is concerned, out of 39 witnesses, the statement of only 01 witness has been recorded till date. 7. Accordingly, the bail application of applicant-Hardeep Singh Mehara @ Harprit @ Goge, involved in Crime No. 149/2025, registered at Police Station Berla, District : Bemetara (CG) for the offence punishable under Sections 20(b) of NDPS Act, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil