Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:50495
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1538 of 2025 Smt. Krishna Devi W/o Shri Ravi Chaudhary Aged About 46 Years R/o 57, Road No. 08, Gandhi Nagar, Zone-03, Sector-11, Khursipar, Bhilai, Tahsil And District Durg (C.G.)
... Applicant versus State Of Chhattisgarh Through The District Magistrate, Durg, Out Post Anjora, P.S. Pulgaon, District- Durg (C.G.)
... Non-Applicant For Applicant : Mr. Sunil Verma, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 09.10.2025
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of second anticipatory bail, apprehending his arrest in connection with Crime No. 117/2025, registered at Police Out Post Anjora, P.S. - Pulgaon, District- Durg (C.G.), for alleged commission of offence punishable under Sections 20(B), 20(C) and 27(A) of Narcotic Drugs and Psychotropic Substance Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.10 14:18:42 +0530
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2. Earlier first anticipatory bail application was rejected on merits by this Court vide order dated 22.05.2025 passed in MCRCA No. 769/2025.
3. According to the prosecution's story, on 11.04.2025, the Investigating Officer received information that Krishna Devi Chaudhari was selling ganja from her house in Dwarika Nagar, Mahmra, with the help of her daughter Sunita, her son Piyush, and Sunita's friend Gopi Kumar. Acting on this tip, the officer reached the location with staff and witnesses. Accused Gopi Kumar was found at the house, and a search of the bedroom led to the recovery of five bags of different colours from a shelf, containing 35.98 kg of ganja, which was seized. In his memorandum statement, Gopi Kumar stated that he met Sunita through social media, and that Krishna Devi is her mother and Ayush her brother. He admitted that they brought ganja from Odisha, stored it in the house, and sold it using an Activa scooter belonging to Krishna Devi. He had been staying at the house pretending to be close to Sunita. Gopi Kumar was arrested on the spot along with the recovered contraband.
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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that she has not committed any offence. It is further submitted that the applicant had rented out her house to Gopi Kumar, who was arrested in connection with the present crime, and from whom the Investigating Officer seized 35.98 kilograms of ganja. The applicant has provided details of the rent agreement, a copy of which is annexed herewith as Annexure A/4. He further submits that the
3 applicant is engaged in the business of selling clothes and had no connection with the premises from which the ganja was seized. At the time of the seizure, the applicant was not present at the house; no contraband was recovered from her, and she was out of station on a business trip to Ludhiana. It is also submitted that the applicant has no previous criminal antecedents. Therefore, the applicant prays for the grant of anticipatory bail.
5. On the other hand learned State counsel opposes the application for grant of anticipatory bail to the applicant. He further submits that the first anticipatory bail application was rejected on merits by this Court vide order dated 22.05.2025 passed in MCRCA No. 769/2025. Hence, this Court deems it appropriate not to grant anticipatory bail to the applicant.
6. Recently the Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue.
7. In the light of observation made by the Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this second anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. Sd/- (Ramesh Sinha)
Chief Justice Preeti