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2026 DAILYLAW 19474 (CHH)

BUDHU BHUTIYA v. STATE OF CHHATTISGARH

MCRC/4547/2026 · 2026-05-13

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Judgment text

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1 2026:CGHC:22952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4547 of 2026 Budhu Bhutiya S/o Dhobai Bhutiya Aged About 30 Years R/o Village Chhendipada (Sapoi Sahil), Post and Police Station Chhendipada, District Angul, Odisha. ... Applicant versus State of Chhattisgarh Through The SHO, Police Station Singhoda, District Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.20/2026, registered at Police Station - Singhoda, District – Mahasamund (C.G.) for the offences punishable under Sections 20(b)(ii) (C) and Section 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution story, on 24.02.2026, information was received by the officials of Police Station Singhoda, District Mahasamund, pursuant to which two vehicles, namely, Maruti Suzuki Eeco bearing Registration No. OD-19-T-6003 and Toyota Etios bearing Registration No. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.15 17:43:04 +0530 2 MH-01-BK-4102, were intercepted near NH-53, Rehtikhol. Thereafter, upon due compliance with the mandatory provisions of the NDPS Act, 1985, the Toyota Etios vehicle was searched and five plastic bags containing contraband Ganja were allegedly recovered therefrom. On weighment, the total quantity of the seized contraband was found to be 137 kilograms. During the course of investigation, on the basis of the memorandum statements of the co-accused persons, it was alleged that the said contraband had been purchased from the present applicant, who is a resident of District Angul, Odisha, for a consideration amount of Rs.5,00,000/-. On the basis of the said allegations, FIR bearing Crime No. 20/2026 came to be registered against the present applicant and other co-accused persons for offences punishable under Sections 20(b) (ii)(C) and 29(1) of the NDPS Act, 1985, and thereafter the present applicant was arrested in connection with the said offence. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that although the bail application of the co-accused persons, namely, Narotam Behera, Shiv Sahu and Sushil Kumar Sahu, have already been rejected by this Court vide order dated 12.05.2026 passed in MCRC No. 4442/2026, the case of the present applicant is distinguishable from that of the said co-accused persons, inasmuch as, in the memorandum statement of the co-accused, it has been stated that the applicant had sold the contraband article to the co-accused persons for a sum of Rs. 5,00,000/-. It is further submitted that the applicant has no previous criminal antecedents and the applicant is in jail since 24.02.2026. As the conclusion of the trial is likely to take some time, learned counsel prays for grant of bail. 3 4. On the other hand, learned counsel for the State opposes the bail application. She further submits that the bail applications of the co-accused persons, namely, Narotam Behera, Shiv Sahu and Sushil Kumar Sahu, have already been rejected by this Court vide order dated 12.05.2026 passed in MCRC No. 4442/2026 on the ground that a total quantity of 137 kilograms of contraband substance, i.e., Ganja, was seized, which is much above the commercial quantity. It is further alleged against the present applicant that he had sold the said contraband article to the co-accused persons for a sum of Rs. 5,00,000/-. Hence, his bail application is liable to be dismissed. 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, nature and gravity of allegation levelled against the applicant and the fact that the bail application of the co-accused persons, namely, Narotam Behera, Shiv Sahu and Sushil Kumar Sahu, have already been rejected by this Court vide order dated 12.05.2026 passed in MCRC No. 4442/2026 on the ground that a total quantity of 137 kilograms of contraband substance, i.e., Ganja, was seized, which is much above the commercial quantity, further considering the fact that the allegation levelled against the present applicant is that he had sold the said contraband article to the co-accused persons for a sum of Rs. 5,00,000/- and the applicant has failed to give any explanation for the same and it cannot be said to be a case of false implication, hence, looking to the seriousness of this case, this Court is of the opinion that it is not a fit case to release the applicant on bail. 7. Accordingly, the bail application of applicant – Budhu Bhutiya, involved 4 in Crime No.20/2026, registered at Police Station - Singhoda, District – Mahasamund (C.G.) for the offences punishable under Sections 20(b)(ii) (C) and Section 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the 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. 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 Preeti