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2026 DAILYLAW 962 (CHH)

DINESH BAGHEL v. STATE OF CHHATTISGARH

MCRC/2678/2026 · 2026-03-22

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Judgment text

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1 2026:CGHC:13811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2678 of 2026 Dinesh Baghel S/o Shri Shyam Lal Baghel Aged About 31 Years R/o Behind Suyash Hospital, New B.S.U.P. Colony, Kota, P.S. Saraswati Nagar, Distt Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Tikrapara, District – Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Shalvin Sharma, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.03.2026 1. This is the First 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. 600/2025 registered at Police Station – Tikrapara, District – Raipur (C.G.), for the offence punishable under Section 21(C), 27, 27(A), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and Section 111 of the Bhartiya Nyaya Sanhtia, 2023 (BNS) and Section 25 of the Arms Act. 2. The prosecution story, in brief, is that on 03.08.2025, secret information was received by the police personnel of Police Station Tikrapara, District – Raipur (C.G.), to the effect that certain persons were in possession of contraband substances. Acting upon the said information, a search was conducted at EWS Block-B, House No. 504, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.25 18:27:48 +0530 2 Sector-4, Kamla Vihar, Raipur. During the search, 10.23 grams of heroin was seized from Suvit Shrivastava, and 402.64 grams of heroin was seized from the possession of Lavjeet Singh. A mobile phone was seized from Ashvin Chandravanshi, and all of them were arrested. During the course of investigation, their memorandum statement was recorded on the basis of which other co-accused persons were also arrested, and from their memorandum statement name of the present applicant has come into light. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article were not seized from the possession of the present applicant. He also submits that mandatory provisions of NDPS Act and the concerned Police Station did not take proper investigation before arresting the applicant. He further submits that the present applicant has no criminal antecedents and he is in jail since 02.12.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the name of the present applicant surfaced in the memorandum statement of co-accused persons. She further submits that the applicant, in his memorandum statement, has admitted his involvement in illegal transportation relating to contraband “chitta,” and an amount of Rs. 83,000/- has been transferred from his bank account to the account of co-accused from whom he used to receive the said contraband article and making profit by transporting it to other co-accused persons, which prima facie 3 indicates his involvement in the offence. Furthermore, the bail applications of the co-accused has already been rejected by this Court vide orders dated 23.02.2026, 27.02.2026 and 23.02.2026, passed in MCRC Nos. 7965/2025, 2028/2026 and 10347/2025. Therefore, the present applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions made by learned State counsel and upon perusal of the case diary, this Court finds that the name of the present applicant has surfaced in the memorandum statement of co-accused persons. Moreover, 10.23 grams of heroin has been seized from co- accused Suvit Shrivastava and 402.64 grams of heroin has been seized from co-accused Lavjeet Singh, which is above the commercial quantity. Further, as per the prosecution case, the applicant has admitted his involvement in illegal transportation relating to contraband “chitta,” and an amount of Rs. 83,000/- has been transferred from his bank account to the account of co-accused from whom he used to receive the said contraband article and making profit by transporting it to other co-accused persons, which prima facie indicates his involvement in the offence. Moreover, the bail applications of the co- accused has already been rejected by this Court vide orders dated 23.02.2026, 27.02.2026 and 23.02.2026, passed in MCRC Nos. 7965/2025, 2028/2026 and 10347/2025. Considering the aforesaid facts and circumstances of the case, and looking to the nature and gravity of the offence, this Court is not inclined to grant bail to the applicant. 4 7. Accordingly, the bail application of the applicant – Dinesh Baghel, involved in Crime No. 600/2025 registered at Police Station – Tikrapara, District – Raipur (C.G.), for the offence punishable under Section 21(C), 27, 27(A), 29 of the NDPS Act and Section 111 of the BNS and Section 25 of the Arms Act, is rejected. 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 Abhishek