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2026 DAILYLAW 17198 (CHH)

SHISHIR RAI v. STATE OF CHHATTISGARH

MCRC/7965/2025 · 2026-02-22

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Judgment text

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1 2026:CGHC:9251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7965 of 2025 Shishir Rai S/o Suryapal Singh Rai Aged About 34 Years R/o Plot No.08, Sundar Nagar, P.S. Dd Nagar, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Tikarapara District- Raipur (C.G.) .. Non-applicant(s) For Applicant : Ms. Madhunisha Singh, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/02/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 600/2025, registered at Police Station : Tikrapara, Raipur District- Raipur (C.G.) for the offence punishable under Sections 21(C), 27, 27(A), 29 of NDPS Act and Section 111 of BNS. 2. The prosecution story in brief, is that on 03.08.2025, upon receiving information from an informant, the police of Tikrapara Police Station conducted a raid at the place of occurrence situated at EWS B- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Block, House No. 504, Sector-4, Kamal Vihar, opposite Sky Villa, within the jurisdiction of Police Station Tikrapara, District Raipur. At the spot, co-accused Suvit Srivastava, Lovejeet Singh, and Ashwin Chandravanshi were found present. Their memorandum statements were recorded and their personal search, as well as the search of their bags and rooms, was conducted. During the search, 10.23 grams of Chitta, along with a mobile phone and other articles, were recovered from the possession of co-accused Suvit Srivastava. From the possession of co-accused Lovejeet Singh, 402.64 grams of Chitta kept in three transparent packets, along with a mobile phone and other articles, were recovered. A mobile phone was seized from the possession of co-accused Ashwin Chandravanshi. On the basis of the aforesaid recovery, Crime No. 600/2025 was registered at Police Station Tikrapara, District Raipur, for the offences punishable under Sections 21(c), 27, 27(A) and 29 of the NDPS Act and Section 111 of the BNS, against the accused persons and investigation was taken up. During the course of investigation, on 11.08.2025, the present applicant/accused Shishir Rai was arrested and interrogated and his memorandum statement was recorded. In his memorandum statement, the applicant/accused stated that co-accused Suvit Srivastava was his junior and had informed him that he used to sell drugs and asked him to contact him whenever he required the same. Co-accused Suvit Srivastava provided his mobile numbers +9779742312886 and +9770532881 and instructed the applicant to send messages on these numbers to obtain the drugs at a 3 specified location. After receiving the message, Suvit Srivastava used to send a video showing the drugs along with the current location to the applicant on mobile numbers 8085348284 and +877116624, from where the applicant would collect the contraband. It is further stated that the applicant used to make online payments through the QR Code sent by co-accused Suvit Srivastava using PhonePe linked with mobile number 8085348284. The applicant has allegedly purchased Chitta from co-accused Suvit Srivastava by making transactions amounting to approximately Rs. 3,99,650/- on about 96 occasions. Co-accused Suvit Srivastava used to supply Chitta to the applicant at cheaper rates and the applicant used to purchase about 30–40 grams of Chitta at a time. Thus, the involvement of the present applicant/accused in the alleged offence is prima facie evident and he has been arrested in connection with the aforesaid crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case merely on the basis of memorandum statements and alleged mobile transactions. It is submitted that no contraband substance has been recovered from the possession of the applicant or at his instance, nor was he present at the place of occurrence and there is no direct or reliable circumstantial evidence connecting the applicant with the alleged offence. It is further submitted that the applicant has neither committed nor participated in the alleged crime and has been implicated only on the basis of suspicion. The applicant is in judicial custody since 11.08.2025 and further he has not criminal 4 antecedents and is the sole earning member of his family and due to his prolonged incarceration, his family members are facing great hardship. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that a quantity of contraband much above the commercial quantity has been recovered from the possession of the co-accused persons. It is further submitted that the allegation against the present applicant is that he had been regularly purchasing contraband (Chitta) from the co-accused in quantities of about 30–40 grams and there were approximately 96 financial transactions between the applicant and the co-accused in relation to the illegal trade of contraband. It is submitted that the material collected during investigation prima facie indicates the involvement of the applicant in an organized narcotic trade and therefore, considering the gravity and seriousness of the offence, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence and the fact that the quantity of contraband recovered from the possession of the co-accused persons is much above the commercial quantity and further considering that the case diary prima facie reveals the involvement of the present applicant in the alleged offence on the basis of memorandum statements as well as financial transactions between the applicant and the co-accused persons, this Court is of the view 5 that it cannot be said at this stage that the applicant has been falsely implicated. The applicant has also failed to furnish any satisfactory explanation regarding the said transactions. In such circumstances, considering the seriousness of the offence and the quantity of the seized contraband, this Court is not inclined to grant bail to the applicant/accused. 7. Therefore, the bail application filed by the applicant/accused– Shishir Rai involved in Crime No. 600/2025, registered at Police Station : Tikrapara, Raipur District- Raipur (C.G.) for the offence punishable under Sections 21(C), 27, 27(A), 29 of NDPS Act and Section 111 of BNS, is rejected. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal