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2026 DAILYLAW 22964 (CHH)

RAJKUMAR YADAV v. STATE OF CHHATTISGARH

MCRC/5017/2026 · 2026-06-21

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Judgment text

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1 2026:CGHC:25479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5017 of 2026 Rajkumar Yadav S/o Sajjan Yadav Aged About 40 Years R/o Village Chhatauni Bhimnagar, Police Station Hanumanganj, District- Kushinagar, (Uttar Pradesh) ... Applicant versus State of Chhattisgarh Through Police Station Patewa, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Kripesh G. Kela, Advocate For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 33/2026 registered at Police Station – Patewa, District Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station – Patewa, District Mahasamund, (C.G.), had received secret RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 information from the informant and on the basis of the said information conducted a raid and seized total 24.5 Kgs of Ganja from the joint possession of the present applicant along with co- accused person. Thereafter, the Police has registered the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant and co-accused person. 3. Learned counsel for the applicant submits that the present applicant has have been falsely implicated in this case and the alleged contraband article was not recovered from the exclusive possession of the present applicant and no any contraband article has been seized from the applicant. He also submits that the vehicle from which the alleged contraband has been seized in neither owned by the applicant nor it was driven by the applicant. He also submits that the applicant has no previous criminal antecedents, though the charge-sheet has not been submitted before the competent Court, he is in jail since 19.02.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has not been submitted before the competent Court. She further submits that the quantity of contraband article i.e. total 24.5 Ganja from the joint possession of the present applicant along with co-accused person, which is much above the commercial quantity, as such, the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the charge-sheet has not been submitted before the competent Court and further the fact that the seized contraband article i.e. total 24.5 Kg of Ganja from the joint possession of the present applicant and co-accused person, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Rajkumar Yadav, involved in Crime No. 33/2026 registered at Police Station – Patewa, District Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan