Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 22011 (CHH)

DABLU KUMAR PRAJAPATI v. STATE OF CHHATTISGARH

MCRC/4414/2026 · 2026-06-15

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:24118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4414 of 2026 • Dablu Kumar Prajapati S/o- Ramshay Prajapati, Aged About 25 Years R/o- Village Tilkapur P S Kargahar, District- Rohtas (Bihar) ... Applicant(s) versus • State of Chhattisgarh Through, S. H. O. Balrampur, District- Balrampur- Ramanujganj (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.114/2025 registered at Police Station Balrampur Distt.- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)(ii)(b), 27(A), 29 of NDPS Act and Section 61(2) of BNS. 2. Case of the prosecution, in brief, is that the SHO Sudhir Tirki on dated 27.08.2025 has received the information that one tractor has been made an accident at dalghaoghat and driver was also found in injured condition and from the aforesaid tractor some contraband VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 article ganja has been spread. So the SHO rushed to the spot and asked to the injured person namely Anuj Kumar and according to the Anuj Kumar from the aforesaid tractor he has transporting the contraband article ganja which belongs to the accused Ranjan and the aforesaid ganja has been loaded from state of Orissa and alleged to be delivered at District Rohtas, Bihar and according to him the contraband article ganja has been kept inside of the trolley in which one box type chamber has been attached after welding of the tin plate inside on the trolley. So on the basis of the said information the prosecution agency has investigate the matter and filed the charge sheet with the allegation that the present Applicant has also deposited the sum of Rs. 50,000/- in the bank account of the main accused Ranjan and the wife of the Dheeraj and he is well with the knowledge of the aforesaid transportation which has been carried out through the Anuj Kumar. So on the basis of the said material police has registered the offence and filed the charge-sheet against the Applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the applicant is neither arrested on the spot when the seizure has been made nor having any idea about the transportation of the contraband article ganja and prosecution agency unable to collect any material against the applicant. It is further contended that the prosecution agency unable to collect any legal material which directly or indirectly involve in the alleged commission of offence and looking to the allegation labeled against the applicant in which the prosecution unable to connect the applicant that he has been involved in the alleged commission of offence though the applicant deposited the sum of Rs. 50,000/- twice 3 in the bank account of the brother of the main accused Ranjan and that is not connect alleged crime and in the absence of any legal material further detention of the applicant can not be justified. He later submits that the applicant has no criminal antecedent and he is in jail since 20.01.2026 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has no criminal antecedent. He further submits that the name of the present applicant came into light on the basis of memorandum statement of co-accused and it is also revealed that the applicant and other co-accused persons are involved in illegal sale and purchase of contraband (Ganja) and, even otherwise, the contraband article (ganja), which has been seized in the present case is around 125.51 Kg, which is more than commercial quantity, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that on 27.08.2025, a tractor driven by co-accused- Anju Kumar overturned at Daldhawa Ghat, due to which, illegal contraband- Marijuana (Ganja), which was kept inside the trolley of said tractor, fell down and spread all over. Thereafter, when police reached to the spot, they found the driver of the said tractor- Anju Kumar (co-accused) in injured condition, who informed that the illegal contraband- Marijuana (Ganja) and said 4 tractor belongs to co-accused- Ranjan Shrivastava and the said contraband was being transported from Odisha to Bihar under piloting follow of a white Brezza Car. Further, around 125.51 Kg of contraband was recovered from the said tractor, which is more than the commercial quantity. Moreover, as per the memorandum statements of co-accused persons, mainly, Ranjan Shrivastava it is quite clear that the applicant is also one of the person who was sitting in the said white Brezza Car, under piloting of which, the tractor in question was transporting the contraband and, further, it is also clear from the memorandum statement of the applicant and other co-accused persons that the applicant herein and other co- accused persons are involved in sale and purchase of contraband, which is an organized crime and, therefore, it cannot be said that it is a case of false implication and, even the trial is also in progress. Consequently, under these circumstances, this Court is not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant- Dablu Kumar Prajapati, involved in Crime No.114/2025 registered at Police Station Balrampur Distt.- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)(ii)(b), 27(A), 29 of NDPS Act and Section 61(2) of BNS is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 Vaishali