1 2026:CGHC:8834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1726 of 2026 Chhotu Yadav @ Karunakar Yadav S/o Benudhar Aged About 19 Years R/o Village - Kenapara, Police Station and Tahsil - Lailunga, District - Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Tamnar, District - Raigarh (C.G.) ... Non-Applicant For Applicant : None. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 1 9.02.2026 1. None appears on behalf of learned counsel for the applicant to press this bail application. The applicant is in jail since 29.09.2025, hence this Court proceeds to consider of this bail application with the assistance of learned State counsel. 2. The first bail application of the applicant was rejected by this Court on merit vide order dated 16.12.2025 passed in MCRC No. 9844/2025. 3. This is the Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 222/2025 registered at Police Station – Tamnar, District - Raigarh (C.G.), for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.20 17:03:48 +0530 2 Substances Act, 1985. 4. As per the prosecution’s story, in brief, on 29.09.2025, during patrolling, the police of Police Station, Tamnar, allegedly recovered 1000 ml of Onrex Codeine Phosphate and Triprolidine Hydrochloride Syrup and 3 wrapped capsules from the possession of Ashok Behra, and 500 ml of cough syrup from the possession of the accused Sushil Rathiya. Accordingly, the said accused, Ashok Behra and Sushil Rathiya, were arrested, and their memorandum statements were recorded, in which they stated that the said prohibited syrup and tablets had been purchased from the present applicant. On the basis of these statements, the police also arrested the present applicant. 5. Learned counsel for the State opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the first bail application of the applicant was rejected by this Court on merit vide order dated 16.12.2025 passed in MCRC No. 9844/2025 and as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Recently the Hon’ble Supreme Court in the matter of Union of India (UOI) Vs. Vigin K. Varghese (Special Leave Petition (Cri.) Nos.7768 of 2025 and 11097 of 2025) decided on 13/11/2025 has observed that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail. 8. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant and the fact that the first bail application of the applicant was rejected on the ground that it is 3 an organized nature of the crime, the involvement of multiple accused, and the quantities of prohibited substances recovered, the trial has not yet concluded, also in the light of observation made by the Hon’ble Supreme Court in Union of India (UOI) (supra) that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, the second bail application of the applicant - Chhotu Yadav @ Karunakar Yadav filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 222/2025 registered at Police Station – Tamnar, District - Raigarh (C.G.), for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 10. After passing of the order, Mr. Ajeet Kumar Yadav, learned counsel for the applicant submits that his presence may be marked. 11. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 12. 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 Preeti