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2026 DAILYLAW 29353 (CHH)

SANTOSH SUNA v. STATE OF CHHATTISGARH

MCRC/6352/2026 · 2026-07-26

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Judgment text

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1 CGHC010261672026 2026:CGHC:32002 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6352 of 2026 Santosh Suna S/o Kalakanhu Suna Aged About 31 Years R/o Village Singbahali, P.S. Lathore, District- Balangir (Odisha) ... Applicant versus State Of Chhattisgarh Through The Police Station Fingeshwar, District – Gariyaband (C.G.) ---- Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.07.2026 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No. 12/2025, registered at Police Station – Fingeshwar, District – Gariyaband (C.G.) for the offences punishable under Section 20(B)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 06.08.2025 passed in MCRC No.6221/2025, on merits, and thereafter, against the said order the applicant approached the Hon’ble Apex Court by filing a Special Leave to Appeal (Crl) No.15683/2025, and the same was also dismissed by the Hon’ble Apex Court on 09.10.2025. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The prosecution story in brief, is that the Police of Police Station – Fingeshwar, District – Gariyaband (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 22 Kgs of Ganja from the possession of the co-accused person, and the applicant’s name has come into light from the memorandum statement of the co- accused person. Thereafter, the applicant was arrested and the case was registered by the Police. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the applicant is in jail since 09.01.2025, and out of 17 prosecution witnesses, only 6 witnesses have been examined by the trial Court. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 22 Kgs of Ganja from the possession of the applicant and other co-accused person which is much above the commercial quantity, therefore, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Though it is stated the applicant is in jail since 09.01.2025, and out of 17 prosecution witnesses, only 6 witnesses have been examined by the trial Court, but the same would not be a proper ground for releasing the applicant on regular bail, as the same amounts to only tampering 3 with the evidence. 8. Taking into consideration the fact that the first bail application of the applicant was rejected by this Court vide order dated 06.08.2025 passed in MCRC No.6221/2025, on merits, and thereafter, against the said order the applicant approached the Hon’ble Apex Court by filing a Special Leave to Appeal (Crl) No.15683/2025, and the same was also dismissed by the Hon’ble Apex Court on 09.10.2025. Moreover, no good ground has been raised by the applicant in the present bail application on merits, and further the quantity of contraband article seized from the possession of the applicant and co-accused person i.e. 22 Kgs of Ganja, is also much above the commercial quantity, this Court is not inclined to granted bail to the applicant. 9. Accordingly, this second bail application of applicant – Santosh Suna involved in Crime No. 12/2025, registered at Police Station – Fingeshwar, District – Gariyaband (C.G.) for the offences punishable under Section 20(B)(ii)(c) of the NDPS Act, is rejected at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 11. 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 Rajshekhar