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2026 DAILYLAW 33298 (CHH)

DILESHWAR YADAV v. STATE OF CHHATTISGARH

MCRC/7169/2026 · 2026-08-16

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010302892026 2026:CGHC:36701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7169 of 2026 1 - Dileshwar Yadav S/o. Lacchi Ram Yadav, Aged About 19 Years R/o. Village Sihardhar, Police Station Lailunga, District - Raigarh (C.G.) 2 - Pintu Yadav, S/o. Gomado Yadav Aged About 54 Years R/o. Village Sihardhar, Police Station Lailunga, District - Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through District Magistrate District Raigarh (C.G.) And S. H. O. Of The Police Station - Lailunga, District - Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Mr.Abhishek Saraf, Advocate For Respondent/State : Mr. Ghanshyam Kashyap, Dy.GA (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 17/08/2026 The applicants have preferred this first application under Section 2 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail, as they have been arrested in connection with Crime No. 115/2026 registered at Police Station Lailunga, District Raigarh (C.G.), for the offences punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution, in brief, is that on 06.04.2026, acting upon secret information, the police of Police Station Lailunga apprehended the present applicant along with two other accused persons near the main road at Shiradhar and seized a total quantity of 9.190 kilograms of ganja from their possession. Out of the total quantity so seized, 3.270 kilograms of ganja was allegedly recovered from the possession of Dileshwar Yadav and 3.200 kilograms from the possession of co-accused Pintu Yadav. Thereafter, the offence was registered against the accused persons and, upon completion of investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that only 3.270 kilograms of ganja was allegedly recovered from the possession of applicant Dileshwar Yadav and 3.200 kilograms from the possession of applicant Pintu Yadav, both of which fall within the intermediate quantity. The investigation has been cooncluded and the charge-sheet has already been filed. It is further submitted that there is no prescribed minimum sentence for the alleged offences under Sections 20(B) and 29 of the NDPS Act in respect of intermediate 3 quantity of ganja. The applicants have remained in judicial custody since 06.04.2026 and the trial is likely to take considerable time for its conclusion. It is further submitted that the applicants have no criminal antecedents. On these grounds, learned counsel prays that the applicants may be enlarged on bail. 4. Per contra, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Having considered the submissions advanced by learned counsel for the parties, the nature of the allegations, the quantity of ganja allegedly recovered from the respective possession of the applicants, the fact that the investigation has been concluded and the charge-sheet has been filed, the period of custody undergone by the applicant since 06.04.2026, and particularly the fact that the applicant has no criminal antecedents, this Court is of the considered opinion that the applicant deserves to be enlarged on bail. 7. Accordingly, the application is allowed. The applicants Dileshwar Yadav and Pintu Yadav, involved in Crime No. 115/2026 registered at Police Station Lailunga, District Raigarh (C.G.), for the offences punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, shall be released on bail upon each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount, to the satisfaction of the concerned trial Court, subject to the following conditions: 4 (i) The applicants shall furnish an undertaking that they shall not seek unnecessary adjournment on the dates fixed for recording of evidence when the witnesses are present before the Court. In the event of breach of this condition, it shall be open to the trial Court to treat such conduct as an abuse of the liberty of bail and pass appropriate orders in accordance with law. (ii) The applicants shall remain present before the trial Court on each date fixed, either personally or through his counsel. In the event of their absence without sufficient cause, the trial Court shall be at liberty to proceed against them in accordance with law, including under Section 269 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (iii) In the event that the applicants misuses the liberty of bail and, in order to secure their presence, a proclamation under Section 84 of the BNSS is issued and the applicants fail to appear before the Court on the date specified in such proclamation, the trial Court shall be at liberty to initiate proceedings against them in accordance with law, including under Section 209 of the Bharatiya Nyaya Sanhita, 2023. (iv) The applicants shall remain personally present before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge, and (iii) recording of his statement under Section 351 of the BNSS. If, in the opinion of the trial Court, the absence of the applicant is deliberate or without sufficient cause, it shall be open to the trial Court to treat such absence as an abuse of the liberty of bail and proceed against him in accordance with law. The Office is directed to send a certified copy of this order to the concerned trial Court forthwith for necessary information and compliance. Sd/- (Ravindra Kumar Agrawal) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.08.19 13:02:36 +0530