BHARWAD RAJUBHAI RAGHU BHAI v. STATE OF CHHATTISGARH
MCRC/7463/2026 · 2026-08-12
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32941 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32941 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010295722026
2026:CGHC:35991
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7463 of 2026 Bharwad Rajubhai Raghu Bhai S/o Raghu Bhai Aged About 24 Years R/o Village- Jol, Police Station Vidyanagar, District- Anand (Gujrat)
... Applicant versus State of Chhattisgarh Through- The Station House O*cer, Police Station Nagarnar, District- Bastar (C.G.)
... Non-applicant For Applicant : Mr. Jitendra Gupta, Advocate. For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 13.08.2026
1. This is the second bail application 3led 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. 177/2024 registered at Police Station - Nagarnar, District- Bastar (C.G.) for the o:ence punishable under Section 20(B)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The 3rst bail application of the applicant was rejected on merits by this Court vide order dated 11.12.2025 passed in MCRC No. 10236 of 2025. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2
3. Case of the prosecution, in brief is that the police of Police Station - Nagarnar, District- Bastar (C.G.), received a secret information from the informant and on the said information police conducted a raid and seized 153 Kgs of Ganja from the possession of the present applicant. Thereafter, o:ence punishable under Section 20(B)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against present applicant.
4.
Learned counsel for the applicant submits that this is the second bail application of the applicant and the 3rst bail application was rejected on merits by this Court in MCRC No. 10236 of 2025 on
11.12.2025. He would submit that the applicant is in jail since 29.09.2024, the charge sheet has been 3led before the competent Court. He further submits that out of 12 prosecution witnesses, only 07 witnesses have already been examined before the learned trial Court, and conclusion of the trial may take some time, therefore, he prays for releasing the applicant on regular bail.
5. On the other hand, learned State counsel opposes the bail application and submits that the bail application of the present applicant has already been rejected by the Hon’ble Supreme Court Court in Special Leave to Appeal (Crl.) No. 1346/2026 vide order dated 27.01.2026.
6. I have heard learned counsel for the parties and perused the case diary.
7. From the perusal of the record, it transpires that this is the second bail application of the applicant, and the 3rst bail application was
3 rejected on merits by this Court in MCRC No. 10236/2025 vide
order dated 11.12.2025. Further the fact that the bail application of the present applicant has already been rejected by the Hon’ble Supreme Court Court in Special Leave to Appeal (Crl.) No. 1346/2026 vide order dated 27.01.2026. Further considering that the contraband article i.e. 153 Kgs of Ganja was recovered from the possession of the present applicant, which is much above the commercial quantity. The ground raised in this second bail application is that the applicant has been in jail since 29.09.2024 and out of 12 prosecution witnesses, only 07 witnesses have already been examined before the learned trial Court.
8. Recently the Hon’ble Supreme Court in the matter of Union of India (UOI) Vs. Vigin K. Varghese (Special Leave Petition (Cri.) Nos.7768 of 2025 and 11097 of 2025) decided on 13.11.2025 has observed that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail.
9. Considering the fact that the 3rst bail application of the applicant was rejected on merits by this Court, further the fact that trial is in progress and also in the light of observation made by the Hon’ble Supreme Court in Vigin K. Varghese (supra) that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail, therefore I do not 3nd any good ground to entertain this second bail application.
10. Accordingly, the second bail application of the applicant- Bharwad Rajubhai Raghu Bhai, involved in Crime No. 177/2024 registered
4 at Police Station - Nagarnar, District- Bastar (C.G.) for the o:ence punishable under Section 20(B)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected.
11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
12. O*ce is directed to send a certi3ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha)
Chief Justice Rahul Dewangan