1 2026:CGHC:13807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2686 of 2026 Mahesh Sahu S/o Late Chhedi Sahu Aged About 30 Years R/o Village Nagfeni, Police Station- Sisai, District- Murgu Gumla (Jharkhand) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Masturi, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.03.2026 1. The applicant has preferred this Second Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.649/2024, registered at Police Station- Masturi, District – Bilaspur (C.G.) for the offences punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Masturi, District – Bilaspur (C.G.) has received a secret information through the informant and on the basis of such information, the Police has seized a total of 2.128 Kgs of Poppy (Afim) from the possession of the co-accused Navnoor Singh, and the name of the applicant has come into light from the memorandum statement of co-accused. Thereafter, the applicant was arrested and the crime has been registered by the Police. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. Earlier, the First Bail Application of the applicant was rejected by this Court on 24.04.2025 in MCRC No.3134/2025, on the ground that there are 2 criminal antecedents of applicant under the NDPS Act. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the co-accused Navnoor Singh has been granted bail by this Court in MCRC No. 7324 of 2025 on 11.11.2025, from whose possession the said contraband article was seized. The applicant is in jail since 06.12.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 2.128 Kgs of Poppy (Afim) has been seized from the possession of the co-accused Navnoor Singh, and the name of the applicant has come into light from the memorandum statement of co-accused. It is further submitted that though the co-accused has been enlarged on regular bail by this Court in MCRC No. 7324 of 2025 on 11.11.2025, but he had no criminal antecedents pending under the NDPS Act, and there are a total of 2 criminal antecedents of the applicant under the NDPS Act which are still pending. Hence, this bail application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact that the quantity of contraband article seized from the possession of the co-accused Navnoor Singh i.e. 2.128 Kgs of Poppy (Afim), and the name of the applicant has come 3 into light from the memorandum statement of co-accused, furthermore, though the co-accused has been enlarged on regular bail by this Court in MCRC No. 7324 of 2025 on 11.11.2025, but he had no criminal antecedents pending under the NDPS Act, and there are a total of 2 criminal antecedents of the applicant under the NDPS Act which are still pending, for which no any plausible explanation has been given, he is a habitual offender and he has misused the bail granted to him earlier, on which ground the first bail application of the applicant was rejected, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this Second bail application of applicant – Mahesh Sahu involved in Crime No.649/2024, registered at Police Station- Masturi, District – Bilaspur (C.G.) for the offences punishable under Section 18 of the NDPS Act, is rejected at this stage. 9. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar