1 2025:CGHC:35725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5773 of 2025 Rahul Soni S/o Gokul Soni, Aged About 27 Years R/o Ward No. 09, In Fromt Of Manash Bhawan, Purani Basti, P.S. Jaithari, District Anuppur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer - Police Station Ambikapur, District - Surguja (C.G.) ... Non-Applicant(s) For Applicant : Mr. T.K. Jha, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/07/2025 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. 402/2024 registered at Police Station- Ambikapur, District- Surguja (C.G.), for the offence punishable under Section 20(C) of NDPS Act. 2. Case of the prosecution, in brief, is that on 18.06.2024, as per secret information received from the informant, on the basis of such KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information, the police personnel reached at the place of incident and barricaded the road and as per information, they waiting the vehicle White Colour Maruti Ertiga bearing registration No. CG-10- QB-7587 and thereafter, the driver of the said vehicle come their but after seeing the police he left the vehicle and run away in jungle. The police had searched the vehicle and seized 49.680 Kgs of Ganja from the vehicle and during the course of investigation, the present applicant has been arrested in the alleged commission of offence. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the bail application of the co-accused namely Anshul Shukla, was rejected by this Court in MCRC No. 1605/2025, vide order dated 27.03.2025 and against which the co-accused Anshul Shukla, preferrd a Special Leave Petition (SLP) No. 8069/2025 before the Hon’ble Supreme Court and on 24.06.2025 has granted bail by the Apex Court therefore, the present applicant is also entitled for grant of bail on the ground of parity. He further submits that the applicant has two previous criminal antecedents out of which in one case, the applicant has already been acquitted and no criminal antecedents under the NDPS Act. 4. On the other hand learned State counsel appearing for the non- applicant/State also endorses the said submission as advanced by the counsel for the applicant and could not dispute the said fact. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the fact and circumstances of the case that the bail application of the co-accused, namely Anshul Shukla, was earlier rejected by this Court in MCRC No. 1605/2025 vide order dated 27.03.2025 on the ground that the quantity of contraband article which is said to have been recovered from the joint possession of the accused, is much above the commercial quantity and the accused was failed to provide a plausible explanation with respect to the same. However, the said co- accused preferred a Special Leave Petition (SLP No. 8069/2025) before the Hon’ble Supreme Court and vide order dated 24.06.2025, the Apex Court has been granted bail to the co- accused and further the case of the applicant is similar to that co- accused moreover, the applicant has two criminal antecedents out of which one case, the applicant has already been acquitted and one case having old and stale however, he has no criminal antecedents under the NDPS Act as such, in view of the above, this Court is of the considered opinion that the present applicant is entitled to parity and therefore, deserves to be released on bail. 7. Accordingly, the present bail application stands allowed. 8. Let the applicant – Rahul Soni, involved in Crime No. 402/2024 registered at Police Station- Ambikapur, District- Surguja (C.G.), for the offence punishable under Section 20(C) of NDPS Act. be released on bail on his furnishing a personal bond with two local sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse 5 of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal