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2026 DAILYLAW 37738 (CHH)

AKASH GAYAKWAD (RAYAKWAR) v. STATE OF CHHATTISGARH

MCRC/8655/2026 · 2026-09-28

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010359042026 2026:CGHC:42440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8655 of 2026 * - Akash Gayakwad (Rayakwar) S/o Ramswaroop Aged About 21 Years Old R/o Near Kali Mata Mandir, Chheota, Police Station Samthar, District- Jhansi (U.P.) ... Applicant Versus * - State Of Chhattisgarh Through Police Station Gudiyari, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Gajendra Prakash Sahu, Advocate For Non-Applicant : Ms. Laxmin Kashyap, Panel Lawyer 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 Bharatiya Nagrik Suraksha Sanhita, 2023 as he is in jail since 17.06.2026 in connection with Crime No. 248/2026 registered in Police Station – Gudiyari, Raipur, District Raipur (CG) for commission of offence punishable under Section 20(b) of NDPS Act, 1985. 2. Case of the prosecution, in brief, is that the Police of Police Station Gudiyari, Raipur, District Raipur (C.G.) seized 5.673 Kgs of contraband article i.e. Ganja from the possession of present applicant and 4.193 Kgs from the possession co-accused namely Dhiraj Gayakwad, thereafter, aforesaid offence has been registered against the applicant and co-accused, and they were arrested on 17.06.2026. Digitally signed by RAMESH KUMAR VATTI Date: 2026.10.01 10:35:09 +0530 2 3. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. He would contend that the applicant has no criminal antecedent. He would submit that the applicant is languishing in jail since 17.06.2026 and charge-sheet has already been filed, therefore, he may be released on regular bail. 4. On the other hand, the learned State counsel opposed the bail application of present applicant. She submits that the applicant has no criminal antecedent. She contends that the charge-sheet has already been filed. 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, the applicant has no criminal antecedent, charge-sheet has already been filed and he is in jail from 17.06.2026, further the contraband article i.e. 5.673 Kgs of Ganja recovered from the possession of the applicant is less than the commercial quantity, I am inclined to grant regular bail to the present applicant. Accordingly, the instant bail application of the applicant 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/her from disclosing such fact to the Court; 3 II. He shall not act in any manner which will be prejudicial to a 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 the disposal of the trial; and, IV. He shall not involve himself in any offence of a similar nature in future. 8. The observation made in the course of this order is only for considering the case of the applicant on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 9. Certified copy as per rules. Sd/- (Rakesh Mohan Pandey) Judge vatti