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2026 DAILYLAW 14968 (CHH)

AZHAR QURESHI @ AZRUDDING QURESHI v. STATE OF CHHATTISGARH

MCRC/311/2026 · 2026-01-11

Shri Sachin Singh Rajput

body2026

Judgment text

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1 2026:CGHC:1668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 311 of 2026 Azhar Qureshi @ Azrudding Qureshi S/o Mohammad Qureshi Aged About 24 Years R/o Veer Savarkar Nagar, Hirapur, Tatibandh, Thana Tatibandh, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Dongargaon, District Rajnandgaon C.G. ... Respondent For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Res./State : Mr. Rohitashva Singh, Deputy Government Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 12.01.2026 1. Heard on admission. 2. Admit. 3. As the case diary is available, with the consent of the parties the matter heard finally. 4. This is the second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant who is in custody in connection with Crime No. 183 of 2022 2 registered at Police Station Dongargaon, District Rajnandgaon (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances act, 1985 in short “NDPS Act, 1985”. 5. Case of the prosecution in short is that on 29.04.2022, the police of Police Station Dongargaon, District Rajnandgaon(C.G.) received a secret information and acting upon that they intercepted one Moped bearing registration No. CG-04-NQ/9488 in which the present applicant alongwith another co-accused were transporting contraband Ganja and they were found in illegal possession of 1.800kg of contraband Ganja. After investigation, the chargesheet was filed before the First Additional Sessions Judge/Special Judge, (NDPS Act), Rajnandgaon (C.G.) (in short “trial Court”). 6. This Court vide its order dated14.07.2022, passed in MCRC No. 4359 of 2022 allowed the bail application of the present applicant and directed him to be released on bail with certain conditions. One of the condition was that the applicant shall not involve himself in any of the offence of similar nature in future. The applicant is facing trial in Special (NDPS) Case No. 16 of 2022 before the learned trial Court. As he was found involved in another offence in Crime No. 129 of 2024 registered at Police Station- Kabirnagar, District Raipur for an offence punishable under Section 20(B), 20(C) and 29 of NDPS Act and was in jail therefore, he could not appear on couple of occasion before the learned Trial Court. Thus, a non- bailable warrant was issued against him. In the meanwhile, in second offence bearing crime No. 129 of 2024 the applicant was granted bail in MCRC No. 7066 of 2025 dated 04.09.2025 by this Court. But in compliance of the non-bailable warrant issued against the applicant he was arrested and sent back to the jail. 7. Learned counsel for the applicant submits after arrest of the applicant and was sent to jail, the applicant moved an application for grant of bail before the learned trial Court which was rejected by it vide order dated 11.12.2025 holding that in the earlier bail application, the condition of non-involvement of the applicant in offence of similar nature has been violated, thus, the applicant is 3 not entitled for grant of bail. He further submits that one opportunity may be granted to the applicant and the bail application may be allowed. 8. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant has violated the conditions imposed upon him while granting him bail that he may not involve any of the offence in similar nature. However, he was involved in the offence of similar nature and found with joint possession of more than 60.kg contraband ganja. Thus, he does not require any indulgence from this Court and his application deserves to be dismissed. 9. I have heard learned counsel for the parties and perused the case diary. 10. Perusal of the record would indicate that initially the present applicant was involved with the offence bearing Crime No. 183 of 2022 and this Court allowed his bail application however, imposed one of the condition that he shall not involve himself in any of the offence of similar nature in future. It appears that later on applicant was involved in offence of similar nature with involving a commercial quantity of contraband Ganja. Thus, the applicant has violated the conditions therefore, this Court is not inclined to grant bail to the present applicant at this stage. Accordingly, this Second bail application of the applicant is rejected. However, liberty is reserved in favour of the applicant to repeat the same, if in case the trial is not concluded within three months. 11. Certified copy as per rules. Sd/- (Sachin Singh Rajput) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2026.01.13 18:24:05 +0530