RAJAT KUMAR (WRONGLY MENTIONED AS RAJAT EKKA) v. STATE OF CHHATTISGARH
MCRC/6900/2026 · 2026-08-30
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[ 2026 DAILYLAW 34335 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34335 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010293052026
2026:CGHC:38391
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6900 of 2026 1 - Rajat Kumar (Wrongly Mentioned As Rajat Ekka) S/o Shri Kamlesh Kumar Jaiswal Aged About 28 Years R/o Village- Mishirpara (Wrongly Mention As Mishree Para), Police Station- Karanji, District-Surajpur (C.G.), Presently R/o- Parvat Nagar, Madhapur, Allapur, District- Rangareddy (Wrongly Mention As Rangarandaui),
Merchal
Giri,
Hyderabad. 2 - Baindla Vasu (Wrongly Mention As 'basu' S/o B. Nagendra, Aged About 27 Years R/o Parvat Nagar, Madhapur, P.S.- Allapur, District- Rangareddy, Merchal Giri, Hyderabad. ... Applicants
versus 1 - State Of Chhattisgarh Through Police Station- Gandhinagar, District- Surguja (C.G.) ... Non-applicant
For Applicants : Shri Pawan Shrivastava, Advocate. For State/Non-applicant : Shri Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026
1. This is the First bail application filed under Section 483 of the Bhartiya NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.08.31 17:35:58 +0530
2 Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No.441/2025 registered at Police Station –Gandhinagar, District – Surguja (C.G.), for the offence punishable under Section 22(c), 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that on 01.08.2025, the police party of Police Station Gandhinagar, comprising the Station House Officer and other police personnel, was on area patrolling and checking of suspicious persons. At about 02:10 pm, near Central School, Gandhinagar, the police noticed the applicant/accused Rohit Bhagat carrying a backpack and a white plastic sack. On seeing the police vehicle, the applicant allegedly abandoned the sack and attempted to flee, but was apprehended by the police personnel. On being questioned regarding his identity and the reason for his conduct, the applicant allegedly failed to give a satisfactory explanation. Independent witnesses were called to the spot and, after completing the necessary proceedings, the backpack and sack allegedly carried by the applicant were searched in accordance with the provisions of the NDPS Act. During the search, 600 ampoules of Rexogesic Buprenorphine Injection IP 2 ml, containing the narcotic substance Buprenorphine, were allegedly recovered from the backpack and 600 vials of Avil (Pheniramine Maleate) Injection IP 10 ml were recovered from the sack. The total quantity of Buprenorphine-containing injections was found to be 1200 ml, while the quantity of Avil injections was 6000 ml.
Accordingly, Crime No.441/2026 was registered under Sections 22(c), 27(a) and 29 of the NDPS Act. After investigation, a charge- sheet was filed against the accused persons for the said offences. 3
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. It is argued that the alleged recovery has not been made from the conscious and exclusive possession of the applicant and that the prosecution story is based primarily on the information received from an informant. It is further submitted that the investigation has already been completed and charge-sheet has been filed. He further submits that the applicants are in jail since 26.02.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application of the applicants and submits that the allegations against the applicants are serious in nature. The applicants have failed to give any satisfactory explanation, which shows that it is an organized crime. It is further submitted that the applicants are habitual offenders and have criminal antecedents. Applicant - Rajat Kumar has five criminal cases registered against him, whereas applicant - Baindla Vasu has four criminal cases registered against him, including cases registered under the provisions of the NDPS Act. It is argued that the repeated involvement of the applicants in offences under the NDPS Act demonstrates their propensity to indulge in similar offences and that there is a substantial likelihood of their repeating such activities if enlarged on bail. Therefore, the bail application filed by the applicants is liable to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6.
Considering the facts and circumstances of the case and the fact that
4 the aplicant - Rajat Kumar has five criminal antecedents and the applicant - Baindla Vasu has four criminal antecedents, including cases under the NDPS Act and the applicants have failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicants – Rajat Kumar and Baindla Vasu, involved in Crime No.441/2025 registered at Police Station –Gandhinagar, District – Surguja (C.G.), for the offence punishable under Section 22(c), 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 , 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
ChiefJustice Nikita