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2026 DAILYLAW 37548 (CHH)

DHAL SINGH YADAV v. STATE OF CHHATTISGARH

MCRC/6827/2026 · 2026-09-28

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010290462026 2026:CGHC:42279 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6827 of 2026 1 - Dhal Singh Yadav S/o Bhuwan Yadav Aged About 23 Years R/o Village- Bada Kokdi, Police Station Dhamdha, District - Durg (C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station - Dhamdha, District- Durg (C.G.) --- Non-applicant For Applicant : Mr. Hardik Jaiswal, Advocate For Non-applicant : Ms. Monika Thakur, PL Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 29.09.2026 1) The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 162/2026 registered at Police Station Dhamdha, Durg (C.G.) for the offence punishable under Section 20(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2) The case of the prosecution, in brief, is that on 27.06.2026, the police of Police Station Dhamdha received secret information that the applicant along with a co-accused person was transporting contraband REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.09.30 10:18:31 +0530 2 Ganja. Acting upon said information, the police intercepted them and seized 3.140 kg of Ganja from them; thereafter, the police registered an FIR against the applicant and the co-accused, and they were arrested on 28.06.2026. Consequently, the present bail application has been preferred by the applicant. 3) Learned counsel appearing for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He would further submit that the seized contraband article, i.e., 3.140 kg of Ganja, is intermediate quantity (less than commercial quantity), hence the rigours of Section 37 of the NDPS Act do not apply in the case of the applicant. He would also submit that the charge-sheet has already been filed, the applicant has no criminal antecedents, he is in judicial custody since 28.06.2026, and the conclusion of the trial is likely to take considerable time; thus, the applicant may be enlarged on regular bail. 4) On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that intermediate quantity of contraband article was recovered from the possession of the applicant and the co-accused; thus, no case for grant of bail is made out. However, she admits that the charge-sheet has already been filed before the competent Court and the applicant has no prior criminal antecedents. 5) I have heard learned counsel for the parties and perused the case diary. 6) Taking into consideration the facts and circumstances of the case, particularly that the seized contraband article (3.140 kg of Ganja) is of intermediate quantity, which is below commercial quantity; further the 3 applicant has no criminal antecedents, the charge-sheet has already been filed, the applicant is in judicial custody since 28.06.2026, and the conclusion of the trial is likely to take some time, this Court is inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed. 7) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha