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2026 DAILYLAW 23764 (CHH)

TIPU @ NARAYAN YADAV v. STATE OF CHHATTISGARH

MCRC/5652/2026 · 2026-06-28

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Judgment text

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1 2026:CGHC:26314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5652 of 2026 Tipu @ Narayan Yadav S/o Lt. Jairam Yadav Aged About 46 Years R/o Bazar Chowk Near Water Head Tank, Old Changorabhata, P.S.- D.D. Nagar, Tahsil And Distt. Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S.- D.D. Nagar, Raipur, District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Shashi Bhusan Tiwari, Advocate For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.06.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 111/2026 registered at Police Station – D.D. Nagar, Raipur, District- Raipur (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief is that the police of Police Station D.D. Nagar, Raipur, District- Raipur (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 3.500 k.g. Ganja from the possession RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 of the present applicant. Thereafter, offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that the contraband article of Gnaja have not been seized from the exclusive possession of the present applicant. He further submits that there is no material evidence available against the applicant which connects him with the commission of the crime. He also submits that the alleged recovered ganja is much less than commercial quantity. He further submits that the present applicant has 09 criminal antecedents under the IPC, Excise Act and NDPS Act which are explained in the Part-D of this bail application and he is in jail since 14.02.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He submits that 3.500 k.g. of ganja was seized from the possession of the present applicant. He also submits that the applicant has 09 criminal antecedents under the IPC, Excise Act and NDPS Act, in which 01 case is under the NDPS Act, is pending, shows that the applicant is involved in such offences and is a habitual offender, as such, the applicant is not entitled to be released on bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the contraband article ganja of 3.500 k.g. seized from the possession of the present applicant and the applicant has 09 criminal antecedents under the IPC, Excise Act and NDPS Act, in which 01 case is under the NDPS Act, is pending, shows that the applicant is involved in such offences and is a habitual offender, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant – Tipu @ Narayan Yadav, involved in Crime No. 111/2026 registered at Police Station – D.D. Nagar, Raipur, District- Raipur (C.G.), for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 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 Rahul Dewangan