1 CGHC010325772026 2026:CGHC:38889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1442 of 2026 Rajesh Dhiwar S/o Itwari Dhiwar Aged About 27 Years R/o Ward No.04, Lawan, Police Station - Lawan District- Baloda Bazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Lawan, District- Baloda Bazar-Bhatapara (C.G.) .... Non-applicant For Applicant : Mrs. Anju Ahuja, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02.09.2026 1. The Applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.66/2026, registered at Police Station – Lawan, District Baloda Bazar-Bhatapara SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.03 10:58:34 +0530 2 (C.G.) for alleged commission of offence punishable under Section 20(B) of NDPS Act. 2. The prosecution story, in brief, is that on 28.02.2026, the police received a tip-off that two persons were waiting for customers to sell contraband (Ganja) near Khamhariya Road Canal on a Honda Dio Scooty bearing registration No. CG- 22-AE-6375. Acting upon the information, the police party reached the spot and allegedly found two persons present there. It is alleged that upon seeing the police, the driver of the Scooty fled from the spot, while the pillion rider, co- accused Roshan Manikpuri, was apprehended. Upon search, a packet containing 1.059 kg of contraband (Ganja), valued at approximately Rs.20,000/-, was allegedly recovered from a cloth bag in the possession of the co-accused. Based on these allegations, the present FIR was registered against the Applicant for the offence punishable under the aforementioned Section. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that the allegation that the Applicant was driving the Scooty and fled from the spot is concocted and no contraband was recovered from his conscious 3 physical possession, the entire alleged recovery of 1.020 kg of Ganja having been made from co-accused Roshan Manikpuri. It is further submitted that the Applicant has been implicated solely on the basis of the memorandum statement of the co-accused and that the seized quantity is not commercial quantity, as has also been noted by the learned Special Judge while granting bail to co-accused Roshan Manikpuri vide order dated 27.04.2026. She further submits that the said co-accused, from whose possession the alleged contraband was recovered, has already been granted regular bail and therefore, the Applicant, being on a better footing, is entitled to the benefit of parity. It is also submitted that the criminal antecedents referred to by the learned Court below are cases in which the Applicant is already on bail and that mere registration of previous cases cannot by itself be a ground to deny anticipatory bail. Lastly, it is submitted that the charge-sheet has already been filed and trial is likely to take considerable time for its conclusion, therefore, the Applicant may be granted the benefit of anticipatory bail. 4. Per contra, learned State Counsel opposes the bail application and submits that one offence under the NDPS Act is pending against the Applicant. 4 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary and the nature of allegations, though co-accused Roshan Manikpuri has been granted regular bail, he is also involved in the present case along with the Applicant and one offence under the NDPS Act is pending against the Applicant, the fact that investigation is still going, without further commenting anything on the merits of the case, this Court is not inclined to grant anticipatory bail to the Applicant . 7. 7. Accordingly, the Anticipatory Bail application of the Applicant – Rajesh Dhiwar, filed under Section 482 of the BNSS, 2023 in connection with Crime No.66/2026, registered at Police Station – Lawan, District Baloda Bazar-Bhatapara (C.G.) for alleged commission of offence punishable under Section 20(B) of NDPS Act is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya