2026:CGHC:1199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 100 of 2026 Jyoti Dewar W/o Chinna Dewar Aged About 36 Years (Wrongly Mentioned As D/o Chinna Dewar), Aged About 36 Years, Resident Of Kukurbeda, Police Station- Saraswati Nagar, District- Raipur (C.G.)

... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station-

Saraswati Nagar, District- Raipur (C.G.)

... Non-Applicant For Applicant : Mr. Ajeet Kumar Yadav, Advocate For Non-Applicant/State : Ms. Anusha Naik, Deputy G.A.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

08.01.2026

1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 243/2025 registered at Police Station – Saraswati Nagar, District- Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Case of the prosecution, in brief is that the police of Police Station RAHUL Saraswati Nagar, District- Raipur (C.G.), received a secret Digitally signed by

RAHUL information from the informant and on the said information police

conducted a raid and seized 1.422 k.g. cannabis from the possession of the present applicant. Thereafter, offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant.

3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that the contraband article of cannabis have not been seized from the exclusive possession of the present applicant. He further submits that there is no material evidence available against the applicant which connects her with the commission of the crime. He also submits that the alleged recovered cannabis is much less than commercial quantity. He further submits that the present applicant has 02 criminal antecedent which are explained in paragraph 4(a) of this bail application and he is in jail since 11.10.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.

4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She submits that cannabis of 1.422 k.g. seized from the possession of the present applicant. She also submits that the applicant has 02 criminal antecedent out of which 01 case is under the NDPS Act, shows that the applicant is involved in such offences and is a habitual offender, as such, the applicant is not entitled to be released on bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Considering the facts and circumstances of the case and further the fact that the contraband article cannabis of 1.422 k.g. seized from the possession of the present applicant and the applicant has 02 criminal antecedents out of which 01 case is under the NDPS Act which is pending, shows that the applicant is involved in such offences and is a habitual offender, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Jyoti Dewar, involved in Crime No. 243/2025 registered at Police Station – Saraswati Nagar, District- Raipur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.

7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expediti