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2026 DAILYLAW 5414 (CHH)

VIKASH KUMAR v. STATE OF CHHATTISGARH

MCRC/468/2026 · 2026-01-13

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Judgment text

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1 2026:CGHC:2211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 468 of 2026 Vikash Kumar S/o Shri Ramashankar Goud Aged About 20 Years R/o Village Sahrma Police Station Bassathi (Mandiyahoo), Tahsil Mandiyahoo, District : Jaunpur, Uttar Pradesh ... Applicant(s) versus State Of Chhattisgarh Through Station House O0cer, Police Station- Komakhan, District : Mahasamund, Chhattisgarh ---- Non-applicant(s) For Applicant : Ms. Anjali Pradhan, Advocate. For Non-Applicant : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the Second bail application 9led 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. 06/2025 registered at Police Station- Komakhan, District Mahasamund (C.G.) for the o>ence punishable under Section 20(b) of the NDPS Act. 2. As per the prosecution story, in brief, on 15.01.2025, acting upon KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 secret information, the Police of Police Station Komakhan, District Mahasamund (Chhattisgarh) conducted a search and allegedly recovered 22 kilograms of ganja from the illegal and conscious possession of the applicant along with other co-accused persons. On the basis of the said recovery, the police registered an o>ence against the applicant under the relevant provisions of law and arrested him. 3. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected by this Court vide order dated 17.02.2025 in MCRC No. 1319/2025 on merits and the new ground for 9ling of the second bail application is that in this case, there are two prosecution witnesses have been examined and PW- 6 and 7 have been turned hostile, the applicant is in jail since 15.01.2025 and the conclusion of the trial may likely to take some more time. Therefore, she prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been 9led in the present case before the competent Court. He further submits that the earlier bail application of the applicant has already been rejected by this Court in MCRC No. 1319/2025, vide order dated 17.02.2025 on merits and as the witnesses have turned hostile, cannot be a ground to grant bail to the applicant further the bail application of the co-accused namely Pavitra Lima has already been rejected by this Court in MCRC No. 9752/2025, vide order dated 04.12.2025. as such, the applicant is not entitled to be released on bail. 3 5. From perusal of the order dated 17.02.2025, it is apparent that the 9rst bail application of the applicant has been rejected by this Court on merits and there is no new ground has been raised in this second bail application except the witnesses have been turned hostile and there are only two prosecution witnesses have been examined. This is not su0cient to grant bail to the applicant, also considering the fact that the quantity of contraband article which has been recovered from the joint possession of the applicant, is much above the commercial quantity and further the bail application of the co- accused namely Pavitra Lima has already been rejected by this Court in MCRC No. 9752/2025, vide order dated 04.12.2025, this Court deems it appropriate to reject this second bail application at this stage. 6. Accordingly, the second bail application of the applicant- Vikash Kumar 9led under Section 483 of the BNSS, involved in Crime No. 06/2025 registered at Police Station- Komakhan, District Mahasamund (C.G.) for the o>ence punishable under Section 20(b) of the NDPS Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. O0ce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal