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2026 DAILYLAW 8615 (CHH)

SMT. SAROJ SRIWAS v. STATE OF CHHATTISGARH

MCRC/2326/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2326 of 2026 Smt. Saroj Sriwas W/o Shyam Sriwas Aged About 35 Years R/o Marimai Road, Kabristan Ke Samne, Talapara Police Station- Civil Line, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House O昀케cer, Police Station - Civil Line, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Rajesh Kumar Dubey, Advocate For Non-applicant : Ms. Vaishali Mahilang, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2026 1. This is the First bail application 昀椀led 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.632/2025 registered at Police Station Civil Line, District- Bilaspur, for the o昀昀ence punishable ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 18:31:20 +0530 2 under Sections 21, 22, 29 of Narcotic Drugs and Psychotropic Substances Act. 2. As per the prosecution story, on 05.06.2025 at about 10:55 a.m., acting upon information received from an informant, the police allegedly recovered and seized 25 bottles of Onrex cough syrup from the possession of the applicant near the parking area in front of Uslapur Railway Station on the main road. On the basis of the said incident, an FIR bearing Crime No. 632/2025 was registered at Police Station Civil Lines, District Bilaspur, and investigation was set into motion. The applicant was arrested on the same day i.e., 05.06.2025 and sent to judicial custody. After completion of the investigation, the charge-sheet has been 昀椀led before the competent Court. 3. Learned counsel for the applicant submits that the applicant has neither committed nor participated in the alleged o昀昀ence and has been falsely implicated. It is contended that the applicant was called to the Police Station in connection with inquiries regarding her husband, who was absconding, and thereafter falsely implicated by fabricating the prosecution story. It is further submitted that the husband of the applicant has since surrendered before the concerned Trial Court on 3 02.04.2026, and therefore, the applicant may be granted bene昀椀t of bail. 4. Per contra, learned State counsel opposes the bail application and submits that 25 bottles of Onrex cough syrup, which is stated to be of commercial quantity, were seized from the possession of the applicant. It is further submitted that the applicant has one previous criminal antecedent under the NDPS Act, and therefore, she 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 facts and circumstances of the case, particularly the nature and gravity of the allegations, the seizure of contraband stated to be of commercial quantity from the possession of the applicant, and further taking into account the criminal antecedent of the applicant under the NDPS Act, this Court is of the opinion that it is not a 昀椀t case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant – Smt. Saroj Sriwas, 昀椀led under Section 439 of the Cr.P.C., involved in Crime No.632/2025 registered at Police Station Civil Line, 4 District- Bilaspur, for the o昀昀ence punishable under Sections 21, 22, 29 of Narcotic Drugs and Psychotropic Substances Act., is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Arpan