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2026 DAILYLAW 4948 (CHH)

PARDESHI PATEL v. STATE OF CHHATTISGARH

MCRC/3316/2026 · 2026-04-12

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Judgment text

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1 2026:CGHC:16893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3316 of 2026 Pardeshi Patel S/o Mukesh Patel Aged About 25 Years R/o Puchhapara, Police Station Katghora, District Korba, At Present R/o Derapara Banjari Nagar, P.S. Khamtarai, District Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, Raipur, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Vimlesh Bajpai, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 60/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Khamtarai, Raipur, District Raipur (C.G.), for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 29.01.2026, as per secret information, the applicant was found in possession of 5 kgs of Ganja, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 29.01.2026. He would further submits that the mandatory provisions with regard to search and seizure were not complied with in this case and the conclusion of the trial may take quite long time. He also submits that so far as criminal antecedents of the applicant are concerned, applicant has seven criminal antecedents, out of which, one is under the NDPS Act of the year 2025, four are under the Excise Act of the years 2020, 2021, 2023 and 2025 and two are under the IPC of the year 2022. Accordingly, he prays for enlarging the applicant on regular bail. 4. Learned State counsel would oppose the bail application and submit that the applicant has seven criminal antecedents, out of which, one is under the NDPS Act of the year 2025, four are under the Excise Act of the years 2020, 2021, 2023 and 2025 and two are under the IPC of the year 2022 and the charge-sheet has 3 been filed in the present case before the competent Court. As such, the present applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact that the applicant has seven criminal antecedents, out of which, one is under the NDPS Act of the year 2025, four are under the Excise Act of the years 2020, 2021, 2023 and 2025 and two are under the IPC of the year 2022, which itself shows that the applicant is a habitual offencer and has misused the liberty of bail granted to him earlier, further the charge-sheet has been filed in the present case before the competent court and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant - Pardeshi Patel, involved in Crime No. 60/2026 registered at Police Station Khamtarai, Raipur, District Raipur (C.G.), for the offence punishable under Sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 4 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) Chief Justice Akhil