1 CGHC010303582026 2026:CGHC:34762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7215 of 2026 Shubham Yadav S/o Ramsamujh Yadav Aged About 23 Years R/o Village Chanvaridand Manendragarh, District – M.C.B. (Manendragarh-Chirimiri Bharatpur) C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Chirmiri District – M.C.B (Manendragarh-Chirmiri-Bharatpur), C.G. ... Non-applicant For Applicant : Mr. Pawan Shrivastava, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No.240/2025, registered at Police Station- Chirmiri, District – M.C.B(Manendragarh-Chirmiri-Bharatpur), (C.G.) for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. As per the prosecution case, on 07.10.2025, Assistant Sub-Inspector Naeem Khan of Police Station Chirimiri received secret information from an informant that Shekh Altaf and Kishan Rajak, residents of Haldibadi, were searching for customers in Hiragir, Haldibadi, to sell narcotic PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.10 11:14:29 +0530 2 injections. Acting upon the said information, Assistant Sub-Inspector Naeem Khan, along with the police staff and independent witnesses, conducted a raid. During the search, 9 Rexogesic injections of 2 ml each (containing Buprenorphine), i.e., a total of 18 ml, and 10 Spasmonil tablets were recovered from the possession of co-accused Shekh Altaf. From the possession of co-accused Kishan Rajak, 10 Pheniramine injections of 2 ml each (total 20 ml), 12 Lijesic Brufen injections of 2 ml each (containing Buprenorphine), i.e., a total of 24 ml, and 17 Avil injections of 10 ml each were recovered. The recovered contraband was seized in accordance with law. 3. During investigation, when questioned regarding the source of the seized contraband, co-accused Shekh Altaf and Kishan Rajak, in their memorandum statements, disclosed that they had purchased the said injections from the present applicant, Shivshankar Rajwade, a resident of Meko Parcha, and co-accused Shubham Yadav, a resident of Manendragarh, for the purpose of sale. On the basis of the memorandum statements of the co-accused, the present applicant was arrested on 04.01.2026. Upon completion of the investigation, the police filed the charge-sheet against the applicant for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case without there being any cogent material against him. It is submitted that no narcotic substance has been recovered or seized from the possession of the applicant, and the entire recovery has been effected from the possession of the principal accused, namely, Shekh Altaf and Kishan Rajak. The implication of the applicant is solely based on the memorandum statements of the said co-accused 3 recorded during the course of investigation. Therefore, no offence, as alleged, is made out against the applicant. It is further submitted that, vide order dated 10.04.2026, the learned Trial Court granted regular bail to the principal accused, namely, Shekh Altaf and Kishan Rajak. Thereafter, vide order dated 13.07.2026, this Hon'ble Court also granted regular bail to the co-accused, namely, Rajat Kumar, Bendula Vasu and Shivshankar Rajwade. Copies of the orders dated 10.04.2026 and 13.07.2026 passed by the learned Trial Court and this Hon'ble Court are filed herewith as Annexures A-3 and A-4, respectively. It is also submitted that the applicant has no previous criminal antecedents. Although two subsequent FIRs of a similar nature, bearing Crime Nos. 188/2025 and 37/2026, have been registered against the applicant, his implication in those cases is also solely on the basis of the memorandum statements of co-accused Shekh Altaf and Kishan Rajak recorded in the present case. It is further submitted that in one of the said cases, the learned Trial Court has already granted regular bail to the applicant vide order dated 15.07.2026. A copy of the said order is filed herewith as Annexure A-6. Further, the charge-sheet has been filed and the applicant is in jail since 04.01.2026, and the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on regular bail. 5. On the other hand, learned counsel for the State has opposed the bail application and submitted that the charge-sheet has already been filed in the present case. It is also submitted that the applicant has two previous criminal antecedents under the NDPS Act, which shows that he is habitual offender. In view of the same, it is contended that the bail application of the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 4 7. Considering the facts and circumstances of the case, particularly the fact that the charge-sheet has already been filed, and further considering that the applicant has two previous criminal antecedents under the NDPS Act, out of which he has been granted bail in one case by the learned Trial Court, it cannot, at this stage, be said that the present case is one of false implication. It is also noteworthy that the co-accused who have been granted bail by this Court had no previous criminal antecedents 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. 8. Accordingly, the bail application of applicant – Shubham Yadav involved in Crime No.240/2025, registered at Police Station- Chirmiri, District – M.C.B(Manendragarh-Chirmiri-Bharatpur) (C.G.) for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Preeti