1 2026:CGHC:3017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 654 of 2026 • Santosh Kumar Rathore (Santosh Rathore) S/o Jaitram Rathore Aged About 33 Years R/o Village Farasvani, Thana Urga, District Korba, Chhattisgarh, Present Address - Sarkanda Bilaspur, District Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station Anti Crime And Cyber Unit, Bilaspur Chhattisgarh. (Offence Registered At Police Station G.R.P. Bilaspur And Further Investigation Has Been Conducted By Police Station Anti Crime And Cyber Unit, Bilaspur, Chhattisgarh). ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajesh Jain and Mr. Sandeep Jain, Advocate For Respondent/State : Mr. Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/01/2026 1. This is Second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 117/2024 registered at Police Station – Anti Crime and Cyber, Unit Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Section 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 23.10.24 on the basis of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.20 17:06:32 +0530 2 information given by the informer police of police station G.R.P. Bilaspur made search on the platform No.2 & 3 of Bilaspur Railway Station and seized 20 Kg of Ganja from the possession of accused Yogesh Soundiya and Rohit Dwivedi and registered F.I.R. vide Crime No.117/2024 under Section 20 (बी) of N.D.P.S. Act thereafter for next investigation sent to Anti Crime and Cyber Unit, Bilaspur thereafter memorandum of other co-accused person has been taken and the present applicant has been implicated in this case and arrested the applicant on 29.10.24 thereafter added the offence under Section 29 of N.D.P.S. Act. 3. Learned counsel for the applicant would submits that the applicant has been falsely implicated in this case. It is also submitted that the first bail application filed by the present applicant has been rejected vide order dated 03.01.2025 in MCRC No.8796 of 2024. He further submits that bail application of co-accused namely Sourabh Nagwanshi was rejected by this Court vide order dated 14.01.2025 in MCRC No.316 of 2025 against which he preferred SLP, which was dismissed with the observation that after examination of the material witnesses, the petitioner is at liberty to apply before the High Court. It is further submits that one other co-accused namely Mannu Prajapati, whose two bail applications have also been rejected by this Court in MCRC No.4851 of 2025 and MCRC No.8997 of 2025 vide order dated 15.07.2025 and 10.11.2025 respectively, thereafter he also preferred SLP before the Apex Court, in which he has been granted temporary bail for a period of four months vide order dated 08.01.2026. He further submits that the present applicant is in jail since 29.10.2024 and the charge-sheet has been filed in this case. He further submits that so far as trial is concerned out of 65 witnesses only 13 witnesses have been examined and 6 witnesses have been 3 turned hostile. He also submits that the Ganja has been seized from open place not from the possession of present applicant and also the police has not properly complied the provision of N.D.P.S. Act, only on the basis of memorandum of co-accused person the present applicant has been implicated in this case. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the contraband articles which is said to have been recovered from the possession of the applicant and co-accused, i.e. 20 kg of Ganja, a commercial quantity, was recovered from the applicant’s possession. As such, the present 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 only on the basis of memorandum statement of co-accused, present applicant has been implicated in this case and the contraband article i.e.20 Kgs of Ganja, a commercial quantity, which is said to have been recovered from the possession of the applicant and co-accused and, but the applicant has failed to give an explanation for the same and it cannot be a case of false implication, thus this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant – Santosh Rathore, filed under Section 483 of the BNSS, involved in Crime No. 117/2024 registered at Police Station – Anti Crime and Cyber, Unit Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Section 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 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