[Cites 2, Cited by 0]
Chattisgarh High Court
Yogesh Sondhiya vs State Of Chhattisgarh on 6 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15578
NAFR
Digitally
signed by
VAIBHAV
VAIBHAV SINGH
SINGH Date:
2026.04.07
10:52:17
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3054 of 2026
Yogesh Sondhiya S/o Mahesh Sondhiya Aged About 39 Years R/o
Sindhi Camp, Ghamapura, P.S. Hanumantal, Jabalpur, Distt. Jabalpur,
Madhya Pradesh. ...Applicant
versus
State Of Chhattisgarh Through P.S. G.R.P. Bilaspur, Distt. Bilaspur,
Chhattisgarh. ...Respondent
For Applicant : Mr. H.A.P.S. Bhatia, Advocate.
For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
06.04.2026
1. The applicant has preferred this Second Bail Application under
Section 483 of B.N.S.S. for grant of regular bail, as he has been
arrested in connection with Crime No.117/2024, registered at
Police Station : G.R.P. Bilaspur District - Bilaspur (C.G) for the
offence punishable under Sections 20(b) & 29 of the NDPS Act.
2. The earlier bail application of the applicant has been rejected on
merits by this Hon'ble Court vide order dated 15.10.2025 passed
in MCRC No. 6977 of 2025.
3. Case of the prosecution, in brief, is that on 23.10.2024 acting
upon a secret information the police of P.S. G.R.P., Bilaspur
conducted a raid at platform No. 2-3 near toilet at the Nagpur end
of Bilaspur Railway Station. It in alleged that the police seized
total of 10 Kg. Ganja from the applicant which was contained in a
blue coloured bag which were kept in 5 packets containing 2 Kg of
Ganja each. It in further alleged that, from the other person
namely-Rohit Dwivedi the police seized total of 10 Kg. Ganja
which was contained in a sky-blue coloured trolley bag which
were kept in 5 packets containing 2 Kg of Ganja each. During
investigation the police found that, co-accused namely Laxman
Gain, Mannu Prajapati, Santosh Rathore, and Saurabh Nagvanshi
being constables were actively involved in the offence and also
found involvement of co-accused Shyamdhar Chaudhari @
Chhotu in the above offence.
4. Learned counsel for the applicant submits that the present
application is the second bail application. He further submits that
the applicant has no criminal antecedents except the present case
and is in judicial custody since 24.10.2024, i.e., for about one year
and five months. Considering the long list of prosecution
witnesses, the trial is likely to take substantial time. It is further
submitted that all the independent witnesses examined so far
have not made any statement against the applicant. As per the
charge-sheet, there are 65 prosecution witnesses, out of whom
only 14 witnesses have been examined till date, namely, Head
Constable Kaliram (PW-1), Constable Umashankar Chandra (PW-
2), Constable Krishna Prasad Ariha (PW-3), Constable Prashant
Singh (PW-4), Constable Kishore Kumar Bairagi (PW-5), Head
Constable Jagdish Rathore (PW-6), Head Constable Panchram
Jalan (PW-7), Izrail Khan, Hiralal, Roshan Lakda, Ravi Pande,
Sagar Mishra, Chandraprakash Shrivastava and Anil Kumar. Out
of them, PW-8 to PW-14 have not supported the prosecution case
and have turned completely hostile. It is also submitted that the
quantity of alleged ganja seized from the applicant is 10 kgs,
which falls within the intermediate quantity category, being more
than the small quantity of 1 kg and less than the commercial
quantity of 20 kgs. The applicant has been implicated merely
because he is the owner of the truck, and there is no legally
admissible direct or indirect evidence against him. The applicant
is a permanent resident of Sindhi Camp, Ghamapura, Police
Station Hanumantal, District Jabalpur, and there is no likelihood of
his absconding. He undertakes not to misuse the liberty of bail
and is ready to abide by all such terms and conditions as may be
imposed by this Hon'ble Court.
5. On the other hand, the learned State counsel opposes the bail
application and submits that, on 23.10.2024, acting upon secret
information, the police of P.S. G.R.P., Bilaspur conducted a raid
near the toilet situated at Platform Nos. 2 and 3 on the Nagpur
end of Bilaspur Railway Station. During the raid, the police
allegedly seized 10 kgs of ganja from the possession of the
present applicant, which was kept in a blue-coloured bag in five
packets containing 2 kgs each. She further submits that 10 kgs of
ganja was also seized from another person, namely, Rohit
Dwivedi, which was kept in a sky-blue coloured trolley bag in five
packets containing 2 kgs each. During investigation, the police
also found the involvement of co-accused persons, namely,
Laxman Gain, Mannu Prajapati, Santosh Rathore, Saurabh
Nagvanshi and Shyamdhar Chaudhari @ Chhotu. She further
submits that the second bail applications of co-accused persons,
namely, Saurabh Nagvanshi and Santosh Rathore, have already
been rejected by this Court. The first bail applications of co-
accused persons, namely, Rohit Dwivedi and Laxman Gain, have
also been rejected, and the fourth bail application of co-accused
Mannu Prajapati has likewise been rejected by this Court.
Therefore, looking to the quantity of contraband seized and the
seriousness of the allegations, the present applicant is not entitled
to be granted bail.
6. I have heard learned counsel appearing for the parties and
perused the case diary.
7. Considering the facts and circumstances of the case, the nature
and gravity of the offence, and the fact that this is the second bail
application, the earlier bail application of the applicant having
already been rejected on merits by this Hon'ble Court vide order
dated 15.10.2025 passed in MCRC No. 6977 of 2025, and further
considering that the second bail applications of co-accused
persons, namely, Saurabh Nagvanshi and Santosh Rathore, have
already been rejected by this Court, the first bail applications of
co-accused persons, namely, Rohit Dwivedi and Laxman Gain,
have also been rejected, and the fourth bail application of co-
accused Mannu Prajapati has likewise been rejected by this
Court, and there being no change in circumstances thereafter, I
am not inclined to grant regular bail to the present applicant.
8. Accordingly, the Second bail application of the applicant - Yogesh
Sondhiya, involved in Crime No.117/2024, registered at Police
Station : G.R.P. Bilaspur District - Bilaspur (C.G) for the offence
punishable under Sections 20(b) & 29 of the NDPS Act, is
rejected.
9. Needless to say that the trial Court concerned is at liberty to
proceed and conclude the trial expeditiously.
10. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
vaibhav
