Chhattisgarh HC Denies Second Bail To Man Accused In 26g Brown Sugar Case, Citing NDPS Antecedents And No Change In Circumstances

In brief

The question

Whether the applicant established a substantial change in circumstances warranting reconsideration of his second bail application after the earlier rejection and the Supreme Court’s dismissal of his challenge.

The court held

The Court dismissed the second bail application, holding that no substantial change in circumstances justified reconsideration and that the applicant’s NDPS antecedents remained a relevant consideration.

01Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case alleging offences under Sections 21(B) and 27(A) of the NDPS Act, 1985, and Section 112(2) of the Bharatiya Nyaya Sanhita, 2023.

¶ 1

The prosecution alleged that 26 grams of diacetylmorphine were seized from the dickey of a motorcycle allegedly in the joint possession of the accused persons, and that call records connected the applicant and co-accused in the purchase and sale of narcotics.

¶ 1, 3

The applicant’s first bail application had been rejected because of his NDPS antecedents; the Supreme Court dismissed his challenge to that order.

¶ 2

In this application, he relied on his acquittals in two of three NDPS cases, his custody since 25 May 2025, and the expected duration of trial.

¶ 4

The State opposed bail, arguing that there had been no change in circumstances.

¶ 5

02Issues

i.Whether the applicant established a substantial change in circumstances warranting reconsideration of his second bail application after the earlier rejection and the Supreme Court’s dismissal of his challenge.

¶ 2, 7

ii.Whether, in light of the applicant’s NDPS antecedents and the circumstances of the present case, he should be released on regular bail.

¶ 3–7

03Law Applied

The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for regular bail.

¶ 1

The alleged offences were under Sections 21(B) and 27(A) of the NDPS Act, 1985, and Section 112(2) of the Bharatiya Nyaya Sanhita, 2023.

¶ 1

In considering a successive bail application, the Court treated the absence of a substantial change in circumstances since the prior rejection as a basis for declining reconsideration; it also considered the applicant’s NDPS antecedents and the prior orders rejecting bail.

¶ 7

Provisions in the judgment · 4 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 21 Section 27

Bharatiya Nyaya Sanhita, 2023 Section 112

04Reasoning

The Court considered the nature and gravity of the alleged offences, the applicant’s NDPS antecedents, the coordinate Bench’s earlier rejection of bail on that ground, and the Supreme Court’s dismissal of the applicant’s challenge.

¶ 7

Although the applicant relied on acquittals in two earlier cases, his custody, and the likely duration of trial, the Court found no substantial change in circumstances warranting a different outcome.

¶ 4, 7

It therefore declined to grant bail.

¶ 7