Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 6432 (CHH)

RAJKUMAR SAKET v. STATE OF CHHATTISGARH

MCRC/2818/2026 · 2026-04-12

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:16971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1681 of 2026 Jitendra Kushwaha S/o Late Shri Brijwasi Kushwaha, Aged About 30 Years R/o Village Hardua, Police Station- Semariya, District Rewa (MP) --- Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Singhoda, District Mahasamund (C.G.) --- Respondent MCRC No. 2818 of 2026 Rajkumar Saket S/o Ramashray Aged About 42 Years R/o Badagaon, P.S.- Semariya, Semariya, Dist. Rewa (Madhya Paradesh) ---Applicant Versus State of Chhattisgarh Through The P.S.- Singhoda, Dist.- Mahasamund (CG) --- Respondent(s) For Applicant in MCRC No.1681/2026 : Mr. K. Rohan, Advocate. For Applicant in MCRC No.2818/2026 : Mr. N. Naha Roy, Advocate. For Respondent(s) Ms. Palak Dwivedi, Panel Lawyer. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.15 18:15:38 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.04.2026 1. The above mentioned two bail applications arise out of same crime number, they are clubbed together and are being disposed of by this common order. 2. These are the Second bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 104/2024 registered at Police Station – Singhoda, Dist.- Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The case of the prosecution is that on 20-09-2024 at around 11:00 AM, a police team conducted an operation at NH-53 Road near village Rehtikhol, where the applicants/accused, Jitendra Kushwaha and Rajkumar Saket, were apprehended under suspicious circumstances. Upon search, a total of 22 kilograms of illegal cannabis (ganja) was recovered from their joint possession, which was duly seized as per the seizure memo. The said act constitutes an offence punishable under Section 20(b) of the NDPS Act and is of a serious nature. The prosecution contends that there is prima facie evidence against the accused persons and subsequently, the applicants are arrested. Hence, the bail application. 4. Learned counsel for the applicants jointly submits that the first bail applications of the applicants were rejected by this Court on merits vide order dated 11.12.2024, therefore these second bail applications are filed on the ground that there are total seven witnesses, out of which, 3 statement of six witnesses have already been recorded and the date fixed for recording of one remaining witness is today i.e. 13.04.2026. They further submits that applicant, Rajkumar Saket is in jail since 04.10.2024 and applicant, Jitendra Kushwaha is in jail since 20.09.2024 and the conclusion of trial is likely to take some more time, therefore, they prays for releasing the applicants on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that from the joint possession of applicants 22 Kgs of Ganja has been recovered, which is above the commercial quantity, as such, the applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. From perusal of the records, it transpires that these are the second bail applications of the applicants and first bail applications of the applicants were rejected by this Court vide order dated 11.12.2024 in MCRC No. 8666 of 2024 on the ground that the contraband article seized from the joint possession of the applicants was above the commercial quantity and the new ground taken by the applicants that out of 7 witnesses, statement of 6 witnesses have already been recorded and next date fixed for recording of statement of remaining one witness is today i.e. 13.04.2026, applicant, Rajkumar Saket is in jail since 04.10.2024 and applicant, Jitendra Kushwaha is in jail since 20.09.2024 and the conclusion of trial is likely to take some more time, but considering the fact that the trial is on the verge of its conclusion and there appears to be no good ground to entertain the present second bail applications of the applicants. 8. Accordingly, the second bail applications of the applicants- Jitendra Kushwaha and Rajkumar Saket, involved in Crime No. 104/2024 4 registered at Police Station – Singhoda, Dist.- Mahasamund (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, are rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek