Nafr High Court
Case Details
1 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.28 10:54:29 +0530 2025:CGHC:14818 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2431 of 2025 Shivam Yadav @ Shibbu Yadav S/o Vijay Yadav Aged About 27 Years R/o Village Dauchaura, Beside Durga Manch, Khairagarh, District Khairagarh Chuikhadan Gandai Chhattigarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Pipariya, District Kabirdham Chhattisgarh. ... Respondent(s) For Applicant(s)
Legal Reasoning
already been granted bail by this Court in M.Cr.C. No. 2244/2025 vide order dated 21.03.2025 and the case of the present applicant is similar to that of the co-accused. Lastly, so far as criminal antecedents of the applicant is concerned, though the applicant has three criminal antecedents, two under the IPC and one under the Excise Act, but he has no criminal antecedent under the NDPS Act and the charge-sheet has been filed and the trial is in progress, the applicant is in jail since 26.02.2025 and conclusion of the trial is likely to take some time. Hence, he prays for grant of bail to the applicant. 4. Learned counsel for the State opposes the bail application but admits that the charge-sheet has already been submitted, applicant has no previous antecedent under the NDPS Act and co-accused, namely, Nikhil Sonwani has already been granted bail by this Court in M.Cr.C. No. 2244/2025 vide order dated 21.03.2025 and the case of the present applicant is similar to that of the co-accused. 5. 6. Heard learned counsel for the parties and perused the case diary. After hearing learned counsel for the parties as well as considering the fact that from the possession of the present applicant, no psychotropic substance has been seized and the same has been from the co-accused i.e. 6.320 kgs of ganja, which is less than commercial quantity as the commercial quantity of Ganja is 20 kgs, the applicant has no criminal antecedents under the NDPS Act, charge-sheet has been filed and the conclusion of the trial is likely to 4 take sometime, and further that the applicant is in jail since 26.02.2025, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 7. Let applicant, Shivam Yadav @ Shibbu Yadav, involved in Crime No.10/2025, registered at Police Station- Pipariya, District- Kabirdham (C.G.) for the offence punishable under Section 20(b), (ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’), be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya 5 Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet
Arguments
: Mr. Abhishek Sharma, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice 27.03.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No.10/2025, registered at Police Station- Pipariya, District- Kabirdham (C.G.) for the offence punishable under Section 20(b), (ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 2 1985 (for short, the ‘NDPS Act’). 2. The prosecution story, in brief, is that, on 07.01.2025 the Station House OfÏcer, Police Station Pipariya was on patrolling and checking the vehicles near NH 30 Dashrangpur at that point of time when they stopped a white Hundai Venue Car and enquired, the driver disclosed his name Dhanraj Pawar (co-accused) and other accused persons namely Irfan Khan was sitting on the vehicle. When the police ofÏcial were checking the dickey they recovered 3 packets of contraband article Ganja total 6.320 kg further they were arrested and interrogated thereafter on 26.02.2025 the present applicant memorandum statement were recorded and applicant disclosed that on 03.01.2025 at about 4.11 p.m. he sent Rs. 5000/- through UPI in the account of co-accused Mohd. Irfan for advance payment regarding contraband article Ganja, thereafter the present applicant along with other co-accused persons were arrested for the offence u/s 20(b), (ii)(b) of the N.D.P.S. Act. 3. Learned counsel for the applicants submits that applicant is innocent and has been falsely implicated in the instant case. Prima facie, no contraband article has been seized from the instance of present applicant and the alleged Ganja has been seized from main accused Dhanraj Pawar and Mohd. Irfan and from the present applicant, only Rs.5,000/- has been seized. Further, the contraband article seized from the co-accused also does not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs and from the 3 possession of the co-accused, only 6.320 kgs of Ganja has been seized. He later submits that co-accused-Nikhil Sonwani has