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2026 DAILYLAW 16380 (CHH)

JEEVANDAS MANIKPURI v. STATE OF CG

MCRC/979/2026 · 2026-01-28

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Judgment text

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1 2026:CGHC:4942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 979 of 2026 Jeevandas Manikpuri S/o Late Jagdish Manikpuri Aged About 42 Years R/o Munshi Ismail Ward, Bhatapara, Ps Bhatapara City, Distt. Balodabazar -Bhatapara, Chhattisgarh. ... Applicant(s) versus State Of CG Through PS Bhatapara City, Distt. Balodabazar Bhatapara, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Ankur Diwan, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 470/2025 registered at Police Station Bhatapara City, Distt. Balodabazar Bhatapara (C.G.) for the offence punishable under 2 Section 20(B) of NDPS Act. 2. Case of the prosecution, in brief, is that on 28.08.2025 at about 11:45 PM, Assistant Sub-Inspector Mahendra Jogi of Police Station Gala, Bhatapara, received secret information from an informant that Jivandas Manikpuri and his wife Pinki Manikpuri, residents of Ismail Ward, Bhatapara, were illegally possessing ganja for the purpose of sale. Acting upon the said information and after complying with the mandatory provisions of the NDPS Act, the police party reached the spot and conducted a search. During the search, 1.195 kilograms of ganja was seized from accused Pinki Manikpuri and a cash amount of Rs. 700/-, being the sale proceeds of ganja, was seized from accused Jivandas Manikpuri (present applicant). Accordingly, Crime No. 470/2025 was registered against the accused persons under Section 20(b) of the NDPS Act, they were arrested, and investigation is in progress. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 16.10.2025, therefore this second bail application is filed on the ground that since out of 12 witnesses, only 3 witnesses have been examined and they have not supported the case of prosecution, hence turned hostile, further the charge- sheet has already been filed in the present case and the applicant is in jail since 28.08.2025, hence, he prays for releasing the 3 applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that 1.195 kilograms of ganja was seized from accused Pinki Manikpuri and a cash amount of Rs. 700/-, being the sale proceeds of ganja, was seized from present applicant. She also submits that present applicant has five criminal antecedents, out of which, two cases are under the NDPS Act of the years 2019 and 2024, rest of the case are under the IPC, as such, the applicant is a habitual offencer and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as out of 12 witnesses, 3 witnesses have been examined and turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 16.10.2025 in MCRC No. 8334 of 2025 on the ground that the applicant has five criminal antecedents, out of which, two cases are under the NDPS Act, one of the year 2019, in which the applicant stands convicted, and another of the year 2024, which is presently 4 pending. There appears to be no change in the status of the antecedents. The antecedent history of the applicant clearly indicates that he is a habitual offender and that he has misused the liberty of bail granted to him earlier. Furthermore, there appears to be no good ground to entertain the present bail application. 8. Accordingly, the second bail application of the applicant- Jeevandas Manikpuri, involved in Crime No. 470/2025 registered at Police Station Bhatapara City, Distt. Balodabazar Bhatapara (C.G.) for the offence punishable under Section 20(B) of NDPS Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil