1 CGHC010326072026 2026:CGHC:37555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7780 of 2026 Dinesh Yadav S/o Trilochan Yadav Aged About 20 Years Occupation - Agricultural, R/o Sihardhar, Police Station - Lailunga, District - Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Lailunga, District - Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dhirendra Prasad Mishra, Advocate. For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 58/2025 registered at Police Station Lailunga, District - Raigarh (C.G.) for the offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 1985 and Section 111 of BNS. 2. Case of the prosecution, in brief, is that on the basis of secret information, on 08.03.2025, the Assistant Sub-Inspector Chandan Singh Netam of Police Station Lailunga conducted a raid at the under-construction house of Keshav Yadav situated at Village Sonajori, within the jurisdiction of Police Station Lailunga. During the raid, 22 kilograms of ganja, kept in two plastic bags containing 11 kilograms each, was allegedly seized 11 kilograms ganja seized from the possession of Keshav Yadav and 11 kilograms ganja seized from the possession of Natthu @ Ludro Yadav . Accordingly, Crime No. 58/2025 was registered against the accused persons for the offences punishable under Sections 20(b) and 29 of the NDPS Act, and investigation was taken up. During investigation, the accused persons were arrested and their memorandum statements were recorded. Thereafter, a Creta car bearing registration No. CG-15-EE-0343, Bezza car bearing registration No. OD-15-Q-2553, a white Venue car bearing registration No. OD-15-R-4047, four fake number plates and seven mobile phones were allegedly seized. After completion of investigation, charge-sheet was filed against the accused persons, while accused Pitambar Yadav, Tarabai Yadav and Girdhari Yadav were shown as absconding. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits 3 vide order dated 06.10.2025, therefore this second bail application is filed on the ground of parity, as co-accused Murli Yadav has been granted bail by the Hon’ble Supreme Court vide order dated 28.07.2026 and thereafter, co-accused Nandlal Yadav has been granted bail by this Court vide order dated 07.08.2026, so far as criminal antecedent of the applicant is concerned, the applicant has one criminal antecedent of the year 2025 under the NDPS Act, which is pending, the applicant is in jail since 08.03.2025, hence, he prays for releasing the applicant on regular bail. 4. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant was allegedly involved in the illegal possession and transportation of 22 kilograms of ganja, which is above the commercial quantity and was seized during the raid conducted at the under-construction house of Keshav Yadav. During investigation, vehicles, fake number plates and mobile phones were also seized from the accused persons. So far as criminal antecedent of the applicant is concerned, the applicant has one criminal antecedent of the year 2025 under the NDPS Act, as such the applicant is a habitual offender and is not entitled to be released on bail. 5. I have heard learned counsel 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 4 applicant was rejected by this Court vide order dated 06.10.2025 in MCRC No. 7833 of 2025 on the ground that the quantity of 22 kilograms of ganja recovered, falling within the commercial quantity, the seizure of multiple vehicles, forged number plates and mobile phones, the prima facie involvement of the applicant in the illegal transportation of contraband, and the fact that he has been shown as an absconder in the charge-sheet, there is a reasonable apprehension of his absconding if released on bail, and the new ground raised by the applicant that co-accused, Murli Yadav has been granted bail by the Hon’ble Supreme Court vide order dated 28.07.2026, but the case of the present applicant stands on a different footing, as the said co-accused has no criminal antecedent, whereas the present applicant has one criminal antecedent of the year 2025 under the NDPS Act, which is still pending, the said pending criminal antecedent of the applicant indicates that the he is a habitual offender and has misused the liberty of bail granted to him earlier, 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, hence there appears to be no good ground to entertain the present second bail application of the applicant. 7. Accordingly, the second bail application of the applicant - Dinesh 5 Yadav, involved in Crime No. 58/2025 registered at Police Station Lailunga, District - Raigarh (C.G.) for the offence punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111 of BNS, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil