RAJESH DHIWAR vs STATE OF CHHATTISGARH

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CGHC010325772026 2026:CGHC:38889
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No.1442 of 2026
Rajesh Dhiwar S/o Itwari Dhiwar Aged About 27 Years R/o Ward
No.04, Lawan, Police Station - Lawan District- Baloda Bazar-
Bhatapara (C.G.) ... Applicant
versus
State Of Chhattisgarh Through Police Lawan, District- Baloda
Bazar-Bhatapara (C.G.) . ... Non-applicant
For Applicant : Mrs. Anju Ahuja, Advocate.
For Non-applicant/State : Ms. Smriti Shrivastava, PL.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board
02.09.2026
1. The Applicant has preferred this anticipatory bail application
under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 for grant of Anticipatory Bail, apprehending his
arrest in connection with Crime No.66/2026, registered at
SISTLA
NEELIMA
VISHNU
PRIYA
Police Station – Lawan, District Baloda Bazar-Bhatapara
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.03
10:58:34 +0530

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(C.G.) for alleged commission of offence punishable under
Section 20(B) of NDPS Act.
2. The prosecution story, in brief, is that on 28.02.2026, the
police received a tip-off that two persons were waiting for
customers to sell contraband (Ganja) near Khamhariya Road
Canal on a Honda Dio Scooty bearing registration No. CG-
22-AE-6375. Acting upon the information, the police party
reached the spot and allegedly found two persons present
there. It is alleged that upon seeing the police, the driver of
the Scooty fled from the spot, while the pillion rider, co-
accused Roshan Manikpuri, was apprehended. Upon search,
a packet containing 1.059 kg of contraband (Ganja), valued at
approximately Rs.20,000/-, was allegedly recovered from a
cloth bag in the possession of the co-accused. Based on
these allegations, the present FIR was registered against the
Applicant for the offence punishable under the
aforementioned Section. Hence, this application.
3. Learned Counsel for the Applicant submits that the Applicant
is innocent and has been falsely implicated in the present
case. It is submitted that the allegation that the Applicant
was driving the Scooty and fled from the spot is concocted
and no contraband was recovered from his conscious

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physical possession, the entire alleged recovery of 1.020 kg
of Ganja having been made from co-accused Roshan
Manikpuri. It is further submitted that the Applicant has been
implicated solely on the basis of the memorandum statement
of the co-accused and that the seized quantity is not
commercial quantity, as has also been noted by the learned
Special Judge while granting bail to co-accused Roshan
Manikpuri vide order dated 27.04.2026. She further submits
that the said co-accused, from whose possession the alleged
contraband was recovered, has already been granted regular
bail and therefore, the Applicant, being on a better footing, is
entitled to the benefit of parity. It is also submitted that the
criminal antecedents referred to by the learned Court below
are cases in which the Applicant is already on bail and that
mere registration of previous cases cannot by itself be a
ground to deny anticipatory bail. Lastly, it is submitted that
the charge-sheet has already been filed and trial is likely to
take considerable time for its conclusion, therefore, the
Applicant may be granted the benefit of anticipatory bail.
4. Per contra, learned State Counsel opposes the bail
application and submits that one offence under the NDPS Act
is pending against the Applicant.

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5. I have heard learned counsel for the parties and perused the
material available on record.
6. Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary and the
nature of allegations, though co-accused Roshan Manikpuri
has been granted regular bail, he is also involved in the
present case along with the Applicant and one offence under
the NDPS Act is pending against the Applicant, the fact that
investigation is still going, without further commenting
anything on the merits of the case, this Court is not inclined to
grant anticipatory bail to the Applicant .
7. Accordingly, the Anticipatory Bail application of the Applicant
– Rajesh Dhiwar , filed under Section 482 of the BNSS, 2023
in connection with Crime No.66/2026, registered at Police
Station – Lawan, District Baloda Bazar-Bhatapara (C.G.) for
alleged commission of offence punishable under Section
20(B) of NDPS Act is hereby rejected .
8. Office is directed to provide a certified copy of this order to
the trial Court concerned for necessary information.
Sd/-
(Ramesh Sinha)
Chief Justice
Priya