1 CGHC010383612026 2026:CGHC:42709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9289 of 2026  Dinesh Yadav S/o Trilochan Yadav Aged About 20 Years Occupation Agricultural R/o Sihardhar, Police Station Lailunga, Distt- Raigarh (C.G.) ... Applicant versus  State Of Chhattisgarh Through Station House Officer, Police Station Lailunga, Distt- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate For State : Mr. Kanwaljeet Singh Saini, Dy. Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01.10 .2026 1. This is the third bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 58/2025 registered at Police Station Lailunga, District Raigarh (C.G.), for the offence punishable under Sections 20(b), 29 of NDPS and 111 of BNS. 2. Earlier, first bail application i.e. MCRC No. 7833 of 2025 was rejected on merits vide order dated 06.10.2025 and repeat bail application i.e. MCRC No. 7780 of 2026 was also rejected on merits vide order dated 21.08.2026. 3. Case of the prosecution, in brief, is that the police of Police Station Lailunga, District Raigarh (C.G.), received secret information from an informant. On SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.10.06 10:32:59 +0530 2 the basis of the said information, the police seized 22 Kgs. of Ganja from an open place at a construction site. Thereafter, the applicant and other co- accused persons were arrested by the police and aforesaid offence against him and other co-accused persons was registered. 4. Learned counsel for the applicant would submit that in the present case, an FIR was registered on 08.03.2025 on the ground that 22 Kg of Ganja was seized from possession of co-accused Keshav Yadav. On the basis of memorandum statement of co-accused, present applicant was implicated. He would further contend that another FIR was registered on 13.05.2025 on the ground that applicant and co-accused were found in possession of 61 Kg of Ganja. On the basis of memorandum statement of co-accused Purendra Yadav, applicant was formally arrested on 14.05.2025 while he was in judicial custody. Learned counsel for the applicant would further contend that co- accused have already been granted bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 11713 of 2026 vide order dated 28.07.2026. He would contend that applicant is in jail since 08.03.2025. He would submit that on the ground of parity, this application may be allowed. 5. On the other hand, learned counsel for the State would oppose the application. He would submit that co-accused Murli Yadav had no criminal antecedents, whereas the present applicant has one criminal antecedent of similar nature, and thus, the facts of both the cases are distinguishable. He would further submit that present applicant was absconding and he was arrested on 14.05.2025. He would submit that 22 Kg. of Ganja was seized, and therefore, the stringent conditions enumerated under Section 37 of the 3 NDPS Act would apply. He would submit that application deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Having considered the fact that the first bail application, i.e. MCRC No. 7833 of 2025 and second bail application, i.e. MCRC No. 7780 of 2026 were rejected on merits vide order dated 06.10.2025 and 21.08.2026 respectively, though co-accused Murli Yadav has been granted bail by the Hon’ble Supreme Court, but the said co-accused had no criminal antecedents, whereas the present applicant has one criminal antecedent of similar nature. Further considering the quantity of contraband, which is above commercial quantity, the bar created under Section 37 of the NDPS Act, I am not inclined to grant bail to the present applicant. 8. Accordingly, instant bail application is hereby rejected. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant