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2026 DAILYLAW 37939 (CHH)

YOGESH KUMAR v. STATE OF CHHATTISGARH

MCRC/8803/2026 · 2026-09-30

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010361062026 2026:CGHC:42822 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8803 of 2026 1 - Yogesh Kumar S/o Satish Kumar, Aged About 19 Years R/o Village Sakin Gali No. 3, Laxman Colony House No. 578, P.S. - Thanesar, District - Kurukshetra, Haryana. --- Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer P.S. Pushpal Dis- trict Sukma (C.G.) --- Non-applicant For Applicant : Mr. Ishwar Jaiswal Advocate For Non-applicant : Ms. Ritika Verma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 01/10/2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 4/2026, registered at Police Station Pushpal, District Sukma Chhattisgarh for the offence punishable under Sections 20(B)ii(C ) of the Chhattisgarh Excise Act. 2. The case of the prosecution, in brief, is that the officers of Police Station Police Station Pushpal, District Sukma, received a secret information from the informant on 21.02.2025, that the present applicant, along with co- accused Jeevan, was carrying a total of 20.860 Kgs of Ganja in a bag and was waiting for a conveyance at Kamarpal Chowk, Sukma. On the basis of Digitally signed by JYOTI JHA Date: 2026.10.01 19:04:47 +0530 2 the said information, a raid was conducted, during which 10.970 Kgs of Ganja was seized from the possession of the present applicant and 9.890 Kgs of Ganja was seized from the possession of co-accused Jeevan, thereafter, Police has registered an aforesaid offence against the present applicant and co-accused. 3. Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in the present case and he is innocent. The applicant has no criminal antecedent and out of 11 witnesses, 4 witnesses have examined. Learned counsel would further submit that the applicant is in jail since 21.02.2025, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude; thus, he would pray that the applicant may be enlarged on regular bail. 4. On the other hand, the learned State counsel would oppose the bail application and submit that the charge-sheet has already been filed before the competent Court. She would further submit that 20.860 Kgs ganja was seized from the possession of the present applicant and co- accused. He would further submit that looking to the quantity of contraband seized, the bar contained under Section 37 of the NDPS Act is attracted and, therefore, the applicant is not entitled to be released on bai 5. I have heard the learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that during the course of recovery, the police 3 prepared separate recovery memos and recovered 10.970 Kgs of Ganja from the present applicant; out of 11 witnesses, 4 witnesses have already been examined; the applicant has no criminal antecedent; the charge-sheet has already been filed; the applicant is in jail since 21.02.2025; and the trial is likely to take some time to conclude, this Court is inclined to grant regular bail to the applicant. 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 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, and (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 trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Jyoti