Extracted from the PDF above. The PDF is authoritative.
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CGHC010336062026
2026:CGHC:41361
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8438 of 2026 1 - Sonu Kumar Yadav S/o Late Shiv Murat Yadav Aged About 36 Years R/o Village And Post Narianv, Police Station And Tehsil Zamania, District- Ghazipur, Uttar Pradesh
... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Komakhan, District Mahasamund, (C.G.)
... Non-Applicant For Applicant : Mr. Virendra Kashyap, Advocate For Non-Applicant : Ms. Ankita Shukla, P.L.
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board 23/09/2026
1. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant for grant of regular bail, who has been arrested in connection with Crime No. 24/2026 registered at Police Station Komakhan, District Mahasamund (C.G.) for offences punishable under Sections 22(b), 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). 2. The case of the prosecution, in brief, is that on 17.02.2026, the police officials allegedly received secret information regarding transportation of ganja in a Tata 1916 Truck bearing registration No. UP60CT5791. The said vehicle was intercepted, and two persons, namely, Ravi Shankar Yadav and Sunil Kumar Chauhan, were apprehended. During the search of the aforesaid truck, the prosecution alleges recovery of seven plastic bags containing approximately 20 Kg each of ganja,
2 totalling approximately 140 Kg. As per the case diary, the present applicant is the cousin brother of co-accused Ravi Shankar Yadav and is alleged to have sent him to Odisha for bringing the ganja. The prosecution further relies upon the CDR showing the conversation between the present applicant and co-accused Ravi Shankar Yadav. It is alleged that the present applicant is the mastermind of the crime and his prima facie involvement in the commission of the offence is reflected from the material collected during investigation. Consequently, a crime was registered, and the applicant was taken into custody on
06.06.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. It is argued that 140 Kg of ganja was seized from the exclusive possession of co- accused persons, namely, Ravi Shankar Yadav and Sunil Kumar Chauhan. He would contend that the name of the applicant surfaced in the memorandum statements of the co-accused persons.
The applicant has been arrayed as an accused on the basis of his cell number, but the CDR has not been placed along with the charge-sheet. The applicant has been in custody since 06.06.2026. It is further submitted that the investigation has been completed, the charge-sheet has already been filed, and there is no likelihood of the applicant absconding or tampering with the evidence. Thus, the applicant may be enlarged on regular bail. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that the applicant is also involved in the transportation of 140 Kg of ganja seized from the possession of the co- accused persons, which is a commercial quantity. He would further submit that the charge-sheet has already been filed. Hence, the bail application is liable to be dismissed. 5. Heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the fact that the quantity of contraband article sezied, i.e. 140 Kg of ganja, is a commercial quantity, and further considering the fact that the co-accused persons have specifically named the present applicant and his prima facie involvement in the
3 commission of the offence is reflected from the material available on record, the bail application of the applicant is rejected at this stage. 7. It is made clear that the observations made hereinabove are solely for the purpose of deciding this bail application and shall not affect the merits of the trial. The learned Trial Court shall proceed with the trial expeditiously on its own merits in accordance with law. Sd/-
Rakesh Mohan Pandey
JUDGE Jyoti