Citation : 2026 Latest Caselaw 169 Chatt
Judgement Date : 27 February, 2026
1
VAISHALI 2026:CGHC:10344
LUCKY
NAGARIA NAFR
Digitally signed by
VAISHALI LUCKY
HIGH COURT OF CHHATTISGARH AT BILASPUR
NAGARIA
Date: 2026.02.28
15:42:11 +0530
MCRC No. 10513 of 2025
• Sunita Solanki W/o Nitesh Solanki Aged About 40 Years R/o Railway
Station, Balangir, P.S. Balangir, District Balangir (Odisha) (The
Actual Name And Address Of Applicant Is Sajni Bai Pardi Wife Of
Rakesh Pardi, Aged About 43 Years, R/o Village Turakhapa, Post And
Tahsil - Sohagpur, District - Sohagpur, Now- District-
Narmadapuram (M.P.)
... Applicant
versus
• State of Chhattisgarh Through Station House Officer, Police Station-
Singhoda, District- Mahasamund C.G.
... Respondent
(Cause title is taken from Case Information System)
For Applicant : Mr. Shahid Ahmed Ansari, Advocate For Respondent/State : Ms. Ritika Verma, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.02.2026
1. This is the second bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime No.
36/2025 registered at Police Station- Singhoda, District
Mahasamund (C.G.) for the offence punishable under Section 20(B) of
Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The first bail application of the applicant was rejected on merits by
this Court vide order dated 13.11.2025 passed in MCRC No. 8156 of
2025.
3. As per the prosecution story, in brief, on 15.04.2025 the police
official were patrolling about contraband(Ganja) in vehicle no.
CG04PC2687 to raid Illegal Contraband and received information at
about 7:30 PM that 5 person having the Ganja and waiting for the
bus at NH No.53 Village Ganayari Pali Chowk and after informed to
the SDOP Saraypali the police official has reached to the Ganayari
Pali Chowk and as per the information Four Female and one male
person having Three bags were waiting for the bus and after seeing
the Police officials they tried to run away but Police Official have
caught all of them and asked from them that why they running away
than all the accused person have accepted that they are having
Ganja in their bags and they were carrying the Ganja from Odisha
and it has to be sell in Raipur (C.G.) and upon asking their names
they stated their names as 1 Sonam Bai Solanki W/O Jitendra
Solanki, 2 Malti Solanaki W/o Rolex Solanki, 3 Sunita Solanki W/o
Nilesh Solanki, 4. Deepali Pawar W/o Litti Pawar and Gurjar Pawar
S/o Suklal Pawar and during the Checking 21 Packets (Total 21 Kg)
Contrbend illegal Ganja seized from all of them and thereafter the
alleged offences have been registered against the accused.
4. Learned counsel for the applicant submits that this is the second bail
application of the applicant and the first bail application was rejected
by this Court in MCRC No. 8156 of 2025 on 13.11.2025. He would
submit that the applicant is in jail since 15.04.2025, charge sheet
has been filed. He further submits that the co-accused person
namely Smt. Malti Bai has already been granted bail, conclusion of
the trial may take some time, therefore, he prays for releasing the
applicant on regular bail.
5. On the other hand, learned State counsel opposes the bail
application.
6. I have heard learned counsel for the parties and perused the case
diary.
7. From the perusal of the record, it transpires that this is the second
bail application of the applicant, and the first bail application was
rejected by this Court in MCRC No. 8156 of 2025 on 13.11.2025.
Further the fact that the contraband article i.e. total 21 kgs of Ganja
recovered from the possession of the present applicant and co-
accused persons, which is above the commercial quantity. The
ground raised in this second bail application is that the applicant has
been in jail since 15.04.2025 and the co-accused namely Smt. Malti
Bai has already been granted bail on the ground she has a child aged
about one and a half years.
8. Recently the Hon'ble Supreme Court in the matter of Union of India
(UOI) Vs. Vigin K. Varghese (Special Leave Petition (Cri.)
Nos.7768 of 2025 and 11097 of 2025) decided on 13.11.2025 has
observed that in NDPS commercial-quantity cases, long incarceration
cannot, by itself, be a ground for bail.
9. Considering the fact that the first bail application of the applicant
was rejected on merits by this Court, further the fact that trial is in
progress and also in the light of observation made by the Hon'ble
Supreme Court in Vigin K. Varghese (supra) that in NDPS
commercial-quantity cases, long incarceration cannot, by itself, be a
ground for bail, therefore I do not find any good ground to entertain
this second bail application. Accordingly, the second bail application
of the applicant- Sunita Solanki, involved in Crime No.36/2025
registered at Police Station- Singhoda, District Mahasamund (C.G.)
for the offence punishable under Section 20(B) of Narcotic Drugs and
Psychotropic Substances Act, 1985, is rejected.
10. However, this Court hopes and trusts that the trial Court shall make
an earnest endeavour to conclude the trial as expeditiously as
possible within a period of six months from the receipt of certified
copy of this order in accordance with law, if there is no legal
impediment.
11. 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
Vaishali
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