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2026 DAILYLAW 36254 (CHH)

SUMAN PANDEY v. STATE OF CHHATTISGARH

MCRC/7973/2026 · 2026-09-17

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010331992026 2026:CGHC:40830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7973 of 2026 Suman Pandey W/o Shailendra Pandey Aged About 23 Years R/o Titurdih, Azad Chowk, Near Old Liquor Brewery, P.S. Mohan Nagar, District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Padmanabhpur, Durg (C.G.). ... Non-Applicant For Applicant : Mr. Ankur Diwan, Advocate For Non-Applicant : Mrs. Smriti Shrivastava, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 18/09/2026 1. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant for grant of regular bail, who has been arrested in connection with Crime No. 522/2025 registered at Police Station Padmanabhpur, District Durg (C.G.) for offences punishable under Sections 20(b) and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). 2. The case of the prosecution, in brief, is that on 10.12.2025, acting upon secret informant information that the applicant along with other co- accused persons was actively engaged in the illicit sale of contraband Ganja, the police party conducted a raid on the spot. During the search, contraband Ganja weighing 2.362 kg along with cash proceeds, one 2 Vivo mobile phone, and an Activa two-wheeler were seized from the accused persons. Consequently, Crime No. 522/2025 was registered, and the applicant was taken into custody on 10.12.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. It is argued that the applicant is a poor lady, permanent resident of District Durg, and has been in jail since 10.12.2025. It is further submitted that the investigation has been completed, the charge-sheet has already been filed, and one witness has been examined before the learned Trial Court. The applicant is ready to abide by all stringent terms and conditions that may be imposed by this Court, and there is no likelihood of absconding or tampering with evidence; thus, the applicant may be enlarged on regular bail. 4. Learned counsel for the State opposed the bail application and submitted that the applicant is a habitual offender with five criminal antecedents, including cases under the NDPS Act, Chhattisgarh Excise Act, and BNS. It is further submitted that the bail application of the similarly placed co-accused (MCRC No. 6411/2026) was rejected by this Court on 27.07.2026, considering the criminal antecedents and the allegations under Section 27(A) of the NDPS Act; thus, the present applicant may not be granted regular bail. 5. Heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, and recovery of contraband Ganja; further considering the fact that applicant is a habitual offender with as many as five previous criminal cases registered against her under the NDPS Act, Excise Act, and multiple offences under the Bharatiya Nyaya Sanhita; bail application of the co-accused has already been dismissed by this Court vide order dated 27.07.2026 in MCRC No. 3 6411/2026; this Court is of the considered opinion that, despite the applicant being a female and in custody since 10.12.2025, her release at this stage would pose a grave risk of repeating the offence and influencing the ongoing trial. therefore, this Court does not find it to be a fit case for grant of regular bail. 7. Accordingly, the bail application filed by the applicant is hereby rejected. 8. It is made clear that the observations made hereinabove are solely for the purpose of deciding this bail application and shall not affect the merits of the trial. The learned Trial Court shall proceed with the trial expeditiously on its own merits in accordance with law. Sd/- Rakesh Mohan Pandey JUDGE Nadim