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2026 DAILYLAW 26173 (CHH)

NISHU LAXMI PATEL v. STATE OF CHHATTISGARH

MCRC/5202/2026 · 2026-07-09

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Judgment text

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1 CGHC010213842026 2026:CGHC:29156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5202 of 2026 Nishu Laxmi Patel W/o Dharamveer Patel Aged About 31 Years R/o Gram Semarchura, Tahsil And District- Mungeli (C.G.) ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District- Bilaspur (C.G.) ... Respondent(s) For Applicant : Mr. Rahul Goswami, Advocate For Respondent(s) : Mr. Vinod Tekam, G.A. HON'BLE SHRI RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 09.07.2026 1. This is the 1st 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. 265/2025 registered at Police Station – Sirgitti, District- SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.13 11:26:24 +0530 2 Bilaspur (C.G.), for the offences under Sections 20 (B) of NDPS Act. 2. As per the prosecution story, in brief, on 19.05.2025 at about 4:38 P.M., the applicant, along with the co-accused, was found under the Tifra Overbridge within the jurisdiction of Police Station Sirgitti, District Bilaspur, Chhattisgarh, in conscious possession of a total of 21.830 kg of Ganja, which they were allegedly illegally purchasing, selling, and transporting. Consequently, Crime No. 265/2025 was registered at Police Station Sirgitti, Bilaspur, under the relevant provisions of the NDPS Act. Hence, the present bail application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case and he is in incarceration since 19.05.2025. He submits that the illicit Ganja was not seized from the exclusive possession of the present applicant. He further submits that charge-sheet has been filed and the conclusion of trial is likely to take considerable time, therefore, it is prayed that he may be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the application and submits that there is 1 case of similar nature registered against the applicant, therefore, the present bail application of the applicant be rejected. 5. Having heard learned counsel for the parties and upon perusal of the case diary, this Court finds that there is one previous case 3 which have been registered against the applicant, he is a habitual offender. Considering the nature and gravity of the offence, the allegations regarding the applicant's involvement in the crime in question, 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 is not a fit case to enlarge the applicant on regular bail. 6. Accordingly, the bail application of the applicant – Nishu Laxmi Patel involved in Crime No. 265/2025 registered at Police Station – Sirgitti, District- Bilaspur (C.G.), for the offences under Sections 20 (B) of NDPS Act is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Saurabh