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2026 DAILYLAW 3829 (CHH)

ABHISHEK RAI v. STATE OF CHHATTISGARH

MCRC/2935/2026 · 2026-03-31

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Judgment text

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1 2026:CGHC:15085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2935 of 2026 Abhishek Rai S/o Late Shri Ramsai Rai Aged About 40 Years R/o Village Kaimha, Police Station- Harpalpur, District- Chhatarpur, M.P. ... Applicant versus State Of Chhattisgarh Through Station House Officer Komakhan, District – Mahasamund, C.G. ---- Non-applicant For Applicant : Mr. Shailendra Dubey and Ms. Ankita Sharma, Advocates. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.84/2025, registered at Police Station – Komakhan, District – Mahasamund (C.G.) for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Komakhan, District – Mahasamund (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 30 Kgs of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Ganja from the possession of the applicant and co-accused. Thereafter, the applicant was arrested and the case was registered by the Police. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 25.08.2025. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 30 Kgs of Ganja has been seized from the possession of the applicant and the co- accused, which is above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case, and the bail application of co-accused has also been rejected by this Court vide order dated 03.03.2026 in MCRC No.1983/2026. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that the quantity of contraband article seized from the possession of the applicant and the co- accsued i.e. a total of 30 Kgs of Ganja, is much above the commercial quantity, and the applicant is failed to give any explanation for the same and it could not be a case of false 3 implication, the charge-sheet has been filed in this case and the bail application of co-accused has also been rejected by this Court vide order dated 03.03.2026 in MCRC No.1983/2026, hence, the bail application of applicant – Abhishek Rai involved in Crime No.84/2025, registered at Police Station – Komakhan, District – Mahasamund (C.G.) for the offences punishable under Section 20(B) of the NDPS Act, is rejected at this stage. 7. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 8. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar