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2026 DAILYLAW 18519 (CHH)

DEEPAK SHARMA v. STATE OF CHHATTISGARH

MCRC/1409/2026 · 2026-03-23

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Judgment text

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1 2026:CGHC:14097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1409 of 2026 • Deepak Sharma S/o Jaidev Sharma Aged About 24 Years Incomplete Address - R/o Jhapar, Police Station - Sukat, Distt. - Sonbhadra U.P. Complete Address R/o Village Madhupur Jhapri, Police Station - Robertsganj, District - Sonbhadra U.P. (Address Incomplete In Cause Title Of The Order Sheet Of Learned Court Below, Complete Address Mentioned As Informed By The Deponent) ... Applicant(s) versus • State Of Chhattisgarh Through Station House Officer, Police Of Police Station - Ambikapur, District - Surguja Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Amarnath Pandey, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.03.2026 1. This is First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.656/2025 registered at Police Station – Ambikapur, District – Surguja (U.P.) for the offence punishable under Sections 20(b) ii (B) of NDPS Act. 2. Case of the prosecution, in brief, is that 15.09.2025, upon receipt VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.25 17:31:28 +0530 2 of information by the Investigating Officer that two persons were present behind Satguru Kabir Ashram, near the New Bus Stand, Ambikapur, and were waiting for customers for the purpose of selling illegal narcotic substance ganja kept in a white plastic bag, when the investigating officer along with witnesses reached at the spot it was prima facie revealed that 6.580 kilograms of ganja was recovered from the possession of the accused Ashutosh Sharma from white-colored bag. During the course of investigation, it was further revealed that, evidence has been collected indicating the involvement of the applicant/accused in the offence under Section 29 read with Section 20(b) of the NDPS Act. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. It is further submitted that the contraband article was not recovered from the possession of the applicant. He also submits that applicant is in jail since 25.11.2025 and conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that applicant is a resident of Uttar Pradesh and he has one criminal antecedent bearing crime No.188 of 2025 registered at police Station Basantpur District – Balrampur-Ramanujganj (C.G.) for offence under Section 20(b)(ii)B and 29 of NDPS Act and a bail application of present applicant in the said case is pending from consideration before this Court, it appears that applicant is a habitual offender and in the present case contraband article i.e., total 6.580 kilograms of Ganja has 3 been seized from the joint possession of the applicant and co- accused. Thus, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission made by learned counsel for the parties and also considering the fact that applicant has one criminal antecedents bearing crime No. 188 of 2025 registered at police Station Basantpur District – Balrampur-Ramanujganj (C.G.) for offence under Section 20(b)(ii)B and 29 of NDPS Act, applicant is a habitual offender and quantity of contraband article i.e.,6.580 kgs of Ganja has been seized from the joint possession of the applicant and co-accused, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Deepak Sharma, involved in Crime No.656/2025 registered at Police Station – Ambikapur, District – Surguja (U.P.) for the offence punishable under Sections 20(b) ii (B) of NDPS Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 vaishali