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2026 DAILYLAW 2953 (CHH)

B. PAWAN KALYAN v. STATE OF CHHATTISGARH

MCRC/8054/2025 · 2026-01-26

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Judgment text

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1 2026:CGHC:4483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8054 of 2025 B. Pawan Kalyan S/o B. Sadanadam Aged About 24 Years R/o G Cabin Charoda, Police Station GRP, Bhilai, District Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Police Bhilai Nagar, District Durg, Chhattisgarh ... Non-applicant For Applicant : Mr. Leekesh Kumar, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2026 1. This is the 2nd 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.510/2024 registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence under Sections 8 & 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 1st bail application was dismissed on merits vide order dated 09.05.2025 passed in M.Cr.C No.3631/2025. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.28 18:29:23 +0530 2 2. Prosecution story in brief is that on 15.12.2024, on secret information being received by the Police Station Bhilai Nagar that one unknown person is trying to sell some NDPS substance at income tax colony near Income Tax building Sector-6 Bhilai, they reached the above spot and recovered OHMS (TM) Alprazolam tablet 0.5 in 61 strips total 1280 number of tablets, weighing 294.98 gms from the possession of the accused. Based on the above allegations, the aforesaid offences have been registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the case, who is behind the bars since 15.12.2024. He further submits that out of twelve prosecution witnesses, four witnesses have been examined. He would submit that charge sheet has been filed and earlier also, his bail application was rejected and this is a repeat bail application, therefore, considering the fact that conclusion of the trial may take quite some time, he may be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that this is second bail application and as the earlier application was rejected on merits, therefore, 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. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 09.05.2025 passed in M.Cr.C No.3631/2025 on the ground that the OHMS (TM) Alprazolam 3 tablet 0.5 in 61 strips total 1280 number of tablets, weighing 294.98 grams seized from the possession of the applicant was much above the commercial quantity. Ground which has been raised in this second bail application that out of twelve prosecution witnesses, four witnesses have been examined which cannot be ground to entertain this second bail application. 7. Accordingly, the second bail application of the applicant – B. Pawan Kalyan, involved in Crime No.510/2024 registered at Police Station – Bhilai Nagar, District- Durg (C.G.) for the offence under Sections 8 & 21(c) of the Narcotic Drugs and Psychotropic Substances Act,1985, is hereby rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment.. 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 gouri