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2026 DAILYLAW 3504 (CHH)

BIGAN ANSARI v. STATE OF CHHATTISGARH

MCRC/1235/2026 · 2026-02-03

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Judgment text

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1 2026:CGHC:6324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1235 of 2026 Bigan Ansari S/o Bhola Miyan Aged About 24 Years R/o Chatur Baghaan, Thana - Yadopur, Babuvishunpur, Distt. Gopalganj Bihar. ... Applicant versus State of Chhattisgarh Through S.H.O., Police Station - Chhawani, District- Durg Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vinamra Shrivastava, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. This is the second bail application 4led under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 310/2024 registered at Police Station - Chhawani, District- Durg (C.G.), for the o9ence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail application of the applicant being MCRC No. 1662 of 2025 was rejected by this Court vide order dated 27.03.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. Case of the prosecution, in brief, is that the Police of Police Station Chhawani, District- Durg (C.G.), had received secret information from the informant and on the basis of the said information conducted a raid and seized the contraband article i.e. 40.900 kgs of Ganja from the joint possession of the present applicant and other co-accused. Thereafter, the Police has registered the o9ence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the present applicant and other co-accused. 4. Learned counsel for the applicant submits that, the 4rst bail application of the applicant was rejected by this Court on merit with a direction to conclude the trial expeditiously and the applicant is in jail since 10.07.2024. He further submits that as per the status of the trial, out of 14 prosecution witnesses, only 02 have been examined before the trial Court and not support the case of the prosecution and have turned hostile. Hence, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the above submissions, as the out of 14 prosecution witnesses, 05 have been examined and have turned hostile, the same cannot be a ground for releasing the applicant on bail further the fact that the contraband article which has been seized from the 3 joint possession of the present applicant and other co-accused is much above the commercial quantity and it cannot be a case of false implication and further it appears that no new ground has been raised in this second bail application. Hence, this second bail application of the present applicant is rejected. 8. Accordingly, the bail application of the applicant – Bigan Ansari, involved in Crime No. 310/2024 registered at Police Station - Chhawani, District- Durg (C.G.), for the o9ence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certi4ed copy of this order in accordance with law, if there is no legal impediment. 10. OBce is directed to send a certi4ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan