Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 13139 (CHH)

VIKRANT SARKAR v. STATE OF CHHATTISGARH

MCRC/10541/2025 · 2026-01-05

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10541 of 2025 Vikrant Sarkar S/o Kapil Sarkar Aged About 30 Years R/o Naya Raipur, House No.124, Mana Camp Block- No.04, Police Thana- Mana, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station Civil Lines, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Galib Dwivedi, Advocate. For Non-applicant/State : Mr. Dharmendra Shrivastava, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.1004/2024, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offences punishable under Section 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that on 21.10.2024 after receiving the secret information the police authorities arrested one Shrishti RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Kurrey and recovered one scooty aciva bearing no. C.G.-10-BQ 1687 possessed Total 150 Buprenorfin ampul Rexojesik injection (each containing 2 ml.) Total 300 m.l. (300mg.) was lodged by police station Civil Lines Bilaspur against two co-accused persons namely Srishti and Godawri Bai on 22.10.2024 and from their possession 150 ampules of Buprenorphine injection were seized and thereafter through the memorandum statement of the co- accused Srishti name of another coaccused Vikrant Sarkar was discovered as supplier of the narcotic drugs. In pursuance of the investigation the police authorities arrested the co-accused Vikrant Sarkar on 25.10.2024 and from whose possession huge quantity of narcotics drugs tramadol (22752 pieces) and buprenorphine (4000 ampule) were seized, Thereafter thana civil lines police bilaspur (C.G.) has registered crime. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case and there are 2 criminal antecedents of the applicant. The applicant is in jail since 25.10.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and he would submit that charge sheet has been filed 3 in this case. It is submitted that there are 2 criminal antecedents of the applicant. It is further submitted that the first bail application of co-accused Naveen Kumar Edwani has been rejected on merits vide MCRC No.7933/2024 on 03.01.2025 and his second bail application was also rejected in MCRC No.4501/2025 on 16.06.2025, thereafter, he preferred third bail application which was also rejected in MCRC No.7215/2025 on 13.10.2025, furthermore the first bail application of co-accused Reshma Kurre was rejected in MCRC No.6611/2025 on 21.08.2025 and her second bail application was also rejected in MCRC No. 8952/2025 on 15.12.2025. So far as the other co-accused persons are concerned, their bail applications are also rejected vide orders dated 15.04.2025, 06.11.2025, 30.06.2025, 06.11.2025 and 03.01.2025 passed in MCRC Nos.1669/2025, 7395/2025, 4265/2025, 7294/2025 and 8812/2024. Therefore, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. From perusal of the records, it transpires that the first bail application of co-accused Naveen Kumar Edwani has been rejected on merits vide MCRC No.7933/2024 on 03.01.2025 and his second bail application was also rejected in MCRC No.4501/2025 on 16.06.2025, thereafter, he preferred third bail application which was also rejected in MCRC No.7215/2025 on 4 13.10.2025, furthermore the first bail application of co-accused was rejected in MCRC No.6611/2025 on 21.08.2025 and her second bail application was also rejected in MCRC No. 8952/2025 on 15.12.2025. So far as the other co-accused persons are concerned, their bail applications are also rejected vide orders dated 15.04.2025, 06.11.2025, 30.06.2025, 06.11.2025 and 03.01.2025 passed in MCRC Nos.1669/2025, 7395/2025, 4265/2025, 7294/2025 and 8812/2024. Moreover, the fact that the contraband article which is seized from the possession of the applicant is much above the commercial quantity, and there are two criminal antecedents of the applicant, he is a habitual offender and he has misused the bail granted to him earlier, 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Vikrant Sarkar involved in Crime No.1004/2024, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offences punishable under Section 21, 22 and 29 of the NDPS Act, is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty 5 to proceed with the trial and conclude the same, expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar