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2026 DAILYLAW 1914 (CHH)

RAGHVENDRA SHRIVASTAVA v. STATE OF CHHATTISGARH

MCRC/2896/2026 · 2026-03-31

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Judgment text

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1 2026:CGHC:15096 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2896 of 2026 Raghvendra Shrivastava S/o Maithilisharan Shrivastava, Aged About 34 Years R/o Bhitari, Police Station Bhitari, District- Datia (M.P.) ... Applicant versus State of Chhattisgarh Through Station House O/cer, Police Station Chil0, District- Kabirdham (C.G.) ... Non-Applicant For Applicant : Mr. Vivekanand Samaddar, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.04.2026 1. This is the Third Bail Application 0led under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 41/2024 registered at Police Station Chil0, District- Kabirdham (C.G.) for the o<ence punishable under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail applications of the applicant being MCRC Nos. 3253/2025 and 8387/2024 were rejected by this Court vide orders dated 28.04.2025 and 22.01.2025 respectively on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. Case of the prosecution, in brief, is that on 26.10.2024, on the basis of information received from an informer, the police of Police Station Chil0 conducted a raid near the Excise Check Post on NH-30, Main Road, Chil0, and intercepted two vehicles. It is alleged that the present applicant/accused was involved in illegally transporting narcotic substance (cannabis/ganja) in a Swift car bearing registration No. MP-07-CK-0182, wherein 20 packets wrapped with khaki coloured tape were found kept in a white bag, having a total weight of 28.500 kg and valued at approximately Rs. 2,85,000/-. It is further alleged that the co-accused, who was driving another vehicle, namely an Aura car bearing registration No. MP-07-ZP- 2654, was piloting the said vehicle and attempted to Cee from the spot. On the basis of the said incident, Police Station Chil0 registered the aforesaid o<ence and, after completion of investigation, 0led the charge-sheet under the relevant provisions of the NDPS Act, and the case is presently pending for trial. Hence, the present bail application. 4. Learned counsel for the applicant submits that this is the third bail application of the applicant and the earlier bail applications of the applicant being MCRC Nos. 3253/2025 and 8387/2024 were rejected by this Hon’ble Court vide orders dated 28.04.2025 and 22.01.2025 respectively on merits. He further submits that the applicant is in jail since 26.10.2024. He also submits that as per the status of the trial, out of 17 prosecution witnesses only 06 have been examined before the trial Court and not supported the case of the prosecution and have turned hostile. Hence, he prays for grant 3 of bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From the perusal of the record, it transpires that the earlier bail applications of the applicant being MCRC Nos. 3253/2025 and 8387/2024 were rejected by this Court vide orders dated 28.04.2025 and 22.01.2025 respectively on merits and the new ground for 0ling of the third bail application is that the the applicant is in jail since 26.10.2024 and as per the status of the trial, out of 17 prosecution witnesses 06 have been examined before the trial Court and not supported the case of the prosecution and have turned hostile, the same cannot be a ground for releasing the applicant on bail. Hence, this third bail application of the present applicant is rejected. 8. Accordingly, the third bail application of the applicant – Raghvendra Shrivastava, involved in Crime No. 41/2024 registered at Police Station Chil0, District- Kabirdham (C.G.) for the o<ence punishable under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 10. O/ce is directed to send a certi0ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan