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2026 DAILYLAW 3613 (CHH)

YOGESH SONDHIYA v. STATE OF CHHATTISGARH

MCRC/3054/2026 · 2026-04-05

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1 2026:CGHC:15578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3054 of 2026 Yogesh Sondhiya S/o Mahesh Sondhiya Aged About 39 Years R/o Sindhi Camp, Ghamapura, P.S. Hanumantal, Jabalpur, Distt. Jabalpur, Madhya Pradesh. ...Applicant versus State Of Chhattisgarh Through P.S. G.R.P. Bilaspur, Distt. Bilaspur, Chhattisgarh. ...Respondent For Applicant : Mr. H.A.P.S. Bhatia, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.04.2026 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No.117/2024, registered at Police Station : G.R.P. Bilaspur District - Bilaspur (C.G) for the offence punishable under Sections 20(b) & 29 of the NDPS Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.07 10:52:17 +0530 2 2. The earlier bail application of the applicant has been rejected on merits by this Hon’ble Court vide order dated 15.10.2025 passed in MCRC No. 6977 of 2025. 3. Case of the prosecution, in brief, is that on 23.10.2024 acting upon a secret information the police of P.S. G.R.P., Bilaspur conducted a raid at platform No. 2-3 near toilet at the Nagpur end of Bilaspur Railway Station. It in alleged that the police seized total of 10 Kg. Ganja from the applicant which was contained in a blue coloured bag which were kept in 5 packets containing 2 Kg of Ganja each. It in further alleged that, from the other person namely-Rohit Dwivedi the police seized total of 10 Kg. Ganja which was contained in a sky-blue coloured trolley bag which were kept in 5 packets containing 2 Kg of Ganja each. During investigation the police found that, co-accused namely Laxman Gain, Mannu Prajapati, Santosh Rathore, and Saurabh Nagvanshi being constables were actively involved in the offence and also found involvement of co-accused Shyamdhar Chaudhari @ Chhotu in the above offence. 4. Learned counsel for the applicant submits that the present application is the second bail application. He further submits that the applicant has no criminal antecedents except the present case and is in judicial custody since 24.10.2024, i.e., for about one year and five months. Considering the long list of prosecution witnesses, the trial is likely to take substantial time. It is further submitted that all the independent witnesses examined so far 3 have not made any statement against the applicant. As per the charge-sheet, there are 65 prosecution witnesses, out of whom only 14 witnesses have been examined till date, namely, Head Constable Kaliram (PW-1), Constable Umashankar Chandra (PW- 2), Constable Krishna Prasad Ariha (PW-3), Constable Prashant Singh (PW-4), Constable Kishore Kumar Bairagi (PW-5), Head Constable Jagdish Rathore (PW-6), Head Constable Panchram Jalan (PW-7), Izrail Khan, Hiralal, Roshan Lakda, Ravi Pande, Sagar Mishra, Chandraprakash Shrivastava and Anil Kumar. Out of them, PW-8 to PW-14 have not supported the prosecution case and have turned completely hostile. It is also submitted that the quantity of alleged ganja seized from the applicant is 10 kgs, which falls within the intermediate quantity category, being more than the small quantity of 1 kg and less than the commercial quantity of 20 kgs. The applicant has been implicated merely because he is the owner of the truck, and there is no legally admissible direct or indirect evidence against him. The applicant is a permanent resident of Sindhi Camp, Ghamapura, Police Station Hanumantal, District Jabalpur, and there is no likelihood of his absconding. He undertakes not to misuse the liberty of bail and is ready to abide by all such terms and conditions as may be imposed by this Hon'ble Court. 5. On the other hand, the learned State counsel opposes the bail application and submits that, on 23.10.2024, acting upon secret information, the police of P.S. G.R.P., Bilaspur conducted a raid 4 near the toilet situated at Platform Nos. 2 and 3 on the Nagpur end of Bilaspur Railway Station. During the raid, the police allegedly seized 10 kgs of ganja from the possession of the present applicant, which was kept in a blue-coloured bag in five packets containing 2 kgs each. She further submits that 10 kgs of ganja was also seized from another person, namely, Rohit Dwivedi, which was kept in a sky-blue coloured trolley bag in five packets containing 2 kgs each. During investigation, the police also found the involvement of co-accused persons, namely, Laxman Gain, Mannu Prajapati, Santosh Rathore, Saurabh Nagvanshi and Shyamdhar Chaudhari @ Chhotu. She further submits that the second bail applications of co-accused persons, namely, Saurabh Nagvanshi and Santosh Rathore, have already been rejected by this Court. The first bail applications of co- accused persons, namely, Rohit Dwivedi and Laxman Gain, have also been rejected, and the fourth bail application of co-accused Mannu Prajapati has likewise been rejected by this Court. Therefore, looking to the quantity of contraband seized and the seriousness of the allegations, the present applicant is not entitled to be granted bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that this is the second bail application, the earlier bail application of the applicant having 5 already been rejected on merits by this Hon’ble Court vide order dated 15.10.2025 passed in MCRC No. 6977 of 2025, and further considering that the second bail applications of co-accused persons, namely, Saurabh Nagvanshi and Santosh Rathore, have already been rejected by this Court, the first bail applications of co-accused persons, namely, Rohit Dwivedi and Laxman Gain, have also been rejected, and the fourth bail application of co- accused Mannu Prajapati has likewise been rejected by this Court, and there being no change in circumstances thereafter, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the Second bail application of the applicant – Yogesh Sondhiya, involved in Crime No.117/2024, registered at Police Station : G.R.P. Bilaspur District - Bilaspur (C.G) for the offence punishable under Sections 20(b) & 29 of the NDPS 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 vaibhav