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2026 DAILYLAW 2419 (CHH)

KUNAL YADAV v. STATE OF CHHATTISGARH

MCRC/550/2026 · 2026-01-14

body2026

Judgment text

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1 2026:CGHC:2495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 550 of 2026 • Kunal Yadav S/o Khilawan Prasad Aged About 22 Years R/o Shankar Nagar, Durg, District - Durg (C.G.), Present Residence, Om Sai Nagar, Street Number 3-B, Chikhli, Durg, Tehsil And District Durg (C.G.) ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station - Padmanabhpur, District - Durg (C.G.) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Tanmay Thomas, Advocate. For State/Non-applicant : Ms. Vaishali Mahilong, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.326/2025 registered at Police Station Padmanabhpur, District Durg (C.G.), for the offence punishable under Sections 8, 22(ग), 27(क), 29 of NDPS Act and Section 318(4), 338, 336(3), 340(2), 111 of B.N.S. Act, 2023. 2. The prosecution story in brief, is that on account of receiving a secret information police of concerned police station conducted a raid at the DEEPTI JHA Digitally signed by DEEPTI JHA 2 premises of Vaibhav Khandelwal, seized the contraband article from the possession of him. Hence, the case was registered and after arresting the co-accused Vaibhav Khandelwal and during the investigation relying upon the memorandum of the co-accused Vaibhav Khandelwal various were implicated later in the same offence including the present applicant. 10 Alprazolam 0.5mg tablets were found from the possession of the present applicant and he was arrested on 21.09.2025, hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in crime question. It has been argued by learned counsel for the applicant that the contraband article which is said to have been recovered from the possession of the applicant is less than the commercial quantity and further submitted that contraband article is recovered from the main accused is more than commercial quantity along with co-accused persons. Charge sheet has not been filed and applicant is in jail since 21.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that charge sheet has not been filed. Moreover, the contraband article, which is said to have been recovered from total 3 persons including the present applicant was above the commercial quantity. It is further submitted that main accused along with co- accused have been involved in an organized crime and offences, for which, FIR has been registered under NDPS Act as well as the BNS Act. Hence, the present applicant is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the fact and circumstances of the case that main accused along with co-accused have been involved in an organized crime and offences for which FIR has been registered under NDPS Act as well as the BNS Act, this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant – Kunal Yadav, involved inCrime No.326/2025 registered at Police Station Padmanabhpur, District Durg (C.G.), for the offence punishable under Sections 8, 22(ग), 27(क), 29 of NDPS Act and Section 318(4), 338, 336(3), 340(2), 111 of B.N.S. Act, 2023 , is rejected. 8. 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