Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 22296 (CHH)

NUKESHWAR PRASAD CHANDRA v. STATE OF CHHATTISGARH

MCRC/3743/2026 · 2026-06-16

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:24490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3743 of 2026 Nukeshwar Prasad Chandra S/o Balkrishna Chandra Aged About 25 Years Resident of Village- Beladula Police Station Jaijaipur District- Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Ratanpur District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 1. 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. 552/2020 registered at Police Station – Ratanpur District- Bilaspur (C.G.), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case in brief, on the basis of secret information received from an informant, the police of Police Station Ratanpur allegedly PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.19 17:00:17 +0530 2 recovered 11 kilograms of cannabis (ganja) from the possession of the applicant and other co-accused persons. Pursuant to the said recovery, the applicant was arrested on 15.10.2020 and has been in judicial custody since then. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that this is the second bail application filed on behalf of the applicant. It is submitted that the first bail application of the applicant was allowed by this Court vide order dated 11.02.2021 passed in MCRC No. 7983/2020. Learned counsel further submits that the applicant was lodged in jail in connection with his previous criminal antecedent, namely NDPS Case No. 10/2022, and therefore, he could not appear before the trial Court in the present case. Owing to his non-appearance, the learned trial Court issued a production warrant against him. It is further submitted that after being released from jail in NDPS Case No. 10/2022, the applicant engaged a counsel, who appeared before the learned trial Court on his behalf. However, as the production warrant could not be complied with, the learned trial Court, vide order dated 12.02.2026, issued a warrant of arrest against the applicant and fixed the matter for 12.05.2026 for his production. Learned counsel submits that upon coming to know about the issuance of the arrest warrant, the applicant voluntarily surrendered before the trial Court on 11.03.2026 and filed an application seeking bail. However, the said application was rejected by the learned trial Court vide order dated 28.03.2026. Hence, the present second bail application has been filed. It is also submitted that the case is presently fixed for recording the statement of the accused. Learned counsel further submits that the applicant has only one previous criminal antecedent and has been in judicial custody since 11.03.2026. On these grounds, he prays that the 3 applicant be enlarged on regular bail. 4. Learned counsel for the State opposes the bail application and submit that fact that the applicant was earlier granted bail by this Court and his subsequent non-appearance before the trial Court was on account of his incarceration in another case, coupled with the fact that he voluntarily surrendered before the trial Court after coming to know of the issuance of the arrest warrant, further, the applicant has remained in custody since 11.03.2026, has one criminal antecedent, and the trial has reached the verge of its conclusion, as the case is presently fixed for recording the statement of the accused as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that the applicant was earlier granted bail by this Court and his subsequent non-appearance before the trial Court was on account of his incarceration in another case, coupled with the fact that he voluntarily surrendered before the trial Court after coming to know of the issuance of the arrest warrant, further, the applicant has remained in custody since 11.03.2026, has one criminal antecedent, and the trial has reached the verge of its conclusion, as the case is presently fixed for recording the statement of the accused, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant - Nukeshwar Prasad Chandra filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 552/2020 registered at Police Station – Ratanpur District- Bilaspur (C.G.), for the offence punishable 4 under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. 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