[Cites 2, Cited by 0]
Chattisgarh High Court
Jograj Alias Jagraj Singh vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12520
Digitally
signed by
VAISHALI
VAISHALI LUCKY
LUCKY NAGARIA
NAGARIA Date: NAFR
2026.03.17
16:46:16
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1429 of 2026
• Jograj Alias Jagraj Singh S/o Ranjit Singh Aged About 25 Years R/o
Village Bojpur, Ps Sundargarh, District- Sundargarh (Orissa)
... Applicant(s)
versus
• State of Chhattisgarh Through Ps Basantpur, District - Balrampur-
Ramanujganj (C.G.)
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. Kamlesh Patel, Advocate
For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
16/03/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicant who has been arrested in
connection with Crime No.137/2025 registered at Police Station
Basantpur, District- Balrampur-Ramanujganj (C.G.), for the offence
punishable under Sections 20(B)(ii)(C) and 29 of Narcotic Drugs and
Psychotropic Substances Act.
2. Case of the prosecution, in brief, is that, On 20.07.2025, the police
received secret information from an informer that four persons were
travelling in a Mahendra Bus bearing registration No. UP-17-AT-3835
and were carrying Ganja in their possession. Acting upon the said
information, the police intercepted the aforesaid bus and, in
accordance with the information received, interrogated the
passengers seated on Seat Nos. 7 and 8 and Berth Nos. L-4 and US-
3. Upon conducting a search of the said persons and their
belongings, the police allegedly recovered 92 packets, each weighing 1
kilogram, totaling 92 kilograms of Ganja. Thereafter, the police
initiated the investigation, during the course of which the name of the
present applicant surfaced solely in the statements of the co-accused
persons. On the basis of the said statements alone, the present
applicant was arrested by the police a 30.07.2025, hence, this bail
application.
3. Learned counsel for the applicant states that applicant is innocent
and has falsely been implicated in the present case. He also submits
that no incriminating article, contraband substance or prohibited
material has been recovered or seized from the possession of the
present applicant. He also submits that applicant is a auto-rickshaw
driver and on the date of incident, he was merely carrying passenger
in his rickshaw in the ordinary course of his livelihood and he had no
knowledge whatsoever about the alleged contraband article (Ganja).
It is further contended that there is no material on record to suggest
that the applicant had any conscious knowledge, intention or mens
rea regarding the transportation of the alleged contraband. He also
submits that only on the basis of memorandum statement of co-
accused, applicant is implicated in the present case. Furthermore,
applicant is in jail since 30.07.2025 and trial may take some time for
it's conclusion, therefore, applicant is not entitled for grant of regular
bail.
4. Learned counsel for the State opposes the bail application of the
applicant and submits that charge-sheet has been filed in the present
case. He also submits that in compliance of this Court's order dated
10.02.2026, Investigating Officer has filed his personal affidavit in the
present case, and relevant paragraphs of the affidavit reads as
under:-
" xxx xxx xxx
8. During the investigation of the case, the name of the present
applicant/accused has been surfaced and the involvement of
the present applicant has been found in transporting Ganja
from Odisha and accordingly applicant/accused was arrested
along with auto number OD. 16 M. 5387 was called to the
police station (after questioning) and a memorandum statement
was taken in front of witnesses, in which he told that co-
accused Bablu Gupta, resident of Sundargarh, had given Rs.
9,400 to the present accused and asked him to take the co-
accused persons from Sundargarh to Ambikapur with the bags
filled with Contraband. Applicant accused was arrested on
30.07.2025 at 12:50 pm and judicial remand was obtained and
the seizure of Auto has been done from the present applicant.
9.A notice was issued regarding the vehicle and a reply was
sought, to which the vehicle owner i.e. sister of the applicant
stated that he had given the auto vehicle to his brother/present
applicant through a bond. The seized bus was handed over to
the custodian Sanjeev Tripathi on a surrender deed as per the
order of the Learned Court below and an acknowledgment was
obtained. During the investigation, statements of witnesses
were recorded. The whereabouts of the co-accused Bablu
Gupta (Odisha), is being searched through Cyber Cell
Balrampur and after obtaining permission under Section-
193(9) B.N.S.S. to present the charge sheet before the Hon'ble
Court by continuing with the investigation. As the investigation
in the case is incomplete, the remand period of the arrested
accused is over and the crime is well proven against the
arrested accused, charge sheet No. 174/2025 dated
24.12.2025 was prepared, which is presented before the Court.
A separate challan is presented against absconding accused
Bablu Gupta under section 193 (9) B.N.S.S.
10. It is respectfully submitted that the present
applicant/accused is Auto Driver and the material collected
after filing of charge sheet under section 193(9) of the BNSS
further investigation carried out and account of present
accused/applicant has been seized and Rs. 3000/- was shown
to be transferred by one co- accused namely Bablu Gupta @
Arun Patra which shows the connection of the present accused
with the other co-accused person and the present accused
mentioned about the Rs.3000/- amount which was taken by
him from co-accused. Copy of the memo with Bank statement
dated 24/11/2025 and 02/12/2025 is annexed herewith as
Document-A."
5. I have heard learned counsel appearing for the parties and perused
the case diary.
6. Considering the facts and circumstances of the case, submissions of
learned counsel for the parties, allegation levelled against the
applicant and quantity of contraband article which was seized in the
present case i.e., 92 Kgs of Ganja, is more than commercial quantity
and the involvement of the present applicant in the matter, as
disclosed by the Investigating Officer in his affidavit, reveals that
present applicant/accused is Auto Driver and the material collected
after filing of charge sheet under section 193(9) of the BNSS further
investigation carried out and account of present accused/applicant
has been seized and Rs.3000/- was shown to be transferred by one
co-accused namely Bablu Gupta @ Arun Patra which shows the
connection of the present accused with the other co-accused person
and the present accused mentioned about the Rs.3000/- amount
which was taken by him from co-accused, as such, I do not find it a
fit case to release the applicant on bail.
7. Accordingly, instant bail application of the applicant - Jograj alias
Jagraj Singh, involved in Crime No.137/2025 registered at Police
Station Basantpur, District- Balrampur-Ramanujganj (C.G.), for the
offence punishable under Sections 20(B)(ii)(C) and 29 of Narcotic
Drugs and Psychotropic Substances Act., is rejected.
8. Needless to say that the trial Court concerned is at liberty to
proceed and conclude the trial expeditiously.
9. 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
Vaishali
