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2026 DAILYLAW 27703 (CHH)

CHAITAN @ CHAITANYA KUMAR YADAV v. STATE OF CHHATTISGARH

MCRC/6483/2026 · 2026-07-19

Transfer Petitionbody2026

Judgment text

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1 CGHC010276152026 2026:CGHC:30685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6483 of 2026 Chaitan @ Chaitanya Kumar Yadav S/o Kailash Yadav, Aged About 27 Years R/o Barkhuriya, P. S. Lailunga, District - Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Outpost - Kotba, Police Station - Bagbahar, District - Jashpur (C.G.) ... Non-Applicant For Applicant : Mr. Jitendra Kumar Saxena, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 17/2025 registered at Outpost - Kotba, Police Station - Bagbahar, District - Jashpur (C.G.), for the offence punishable under Sections 20(b)(ii)(E) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 119(3) of the Motor Vehicle Act. 2. The earlier bail application of the applicant being MCRC No. 7052 of 2025 was rejected by this Court vide order dated 04.09.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. Case of the prosecution, in brief, is that the Police of Police Station Outpost - Kotba, Police Station - Bagbahar, District - Jashpur (C.G.), had received secret information from the informant the accused persons are transporting cannabis in Brezza Car and on the basis of the said information conducted a raid and seized the contraband article i.e. 98.600 kgs of cannabis from the joint possession of the present applicant and other co-accused. Thereafter, the Police has registered the offence punishable under Sections 20(b)(ii)(E) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 119(3) of the Motor Vehicle Act against the present applicant and other co-accused. 4. Learned counsel for the applicant submits that, the first bail application of the applicant was rejected by this Court on merit with a direction to conclude the trial expeditiously and the applicant is in jail since 16.02.2025. He further submits that as per the status of the trial, out of 25 prosecution witnesses, only 02 have been examined before the trial Court and not support the case of the prosecution and have turned hostile. Hence, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, as the out of 25 prosecution witnesses, 02 have been examined and have turned hostile, the 3 same cannot be a ground for releasing the applicant on bail further the fact that the contraband article which has been seized from the joint possession of the present applicant and other co-accused is much above the commercial quantity and it cannot be a case of false implication and further it appears that no new ground has been raised in this second bail application. Hence, this second bail application of the present applicant is rejected. 8. Accordingly, the second bail application of the applicant – Chaitan @ Chaitanya Kumar Yadav, involved in Crime No. 17/2025 registered at Outpost - Kotba, Police Station - Bagbahar, District - Jashpur (C.G.), for the offence punishable under Sections 20(b)(ii) (E) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 119(3) of the Motor Vehicle Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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