1 2025:CGHC:2772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 443 of 2025 Prashant Barik S/o Shri Sundar Barik Aged About 24 Years (Now 28 Years) R/o.- Potraguda, Police Station Baipariguda, District Koraput (Odisha). ... Applicant versus State Of Chhattisgarh Through- Police Station- Borai District Dhamtari (C.G.). ... Respondent For Applicant : Mr. Pushpendra Kumar Patel, Advocate For State : Mr. Ajay Pandey, Government Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 16.01.2025 1. Heard. 2. Admit. 3. Since the case diary is available, with the consent of the parties the matter is heard finally. 4. The applicant has filed this fourth bail application under Section 483 of B.N.S.S. for grant of regular bail as he is in custody since 19.01.2022 in connection with Crime No. 03/2022 registered at Police Station- Borai, District- Dhamtari (CG) for the offence punishable under Section 20(B) of Narcotic Drugs & Psychotropic Substances Act, 1985. 2 5. The first bail application of the applicant was dismissed as withdrawn in MCRC No.8086 of 2022 vide order dated 16.09.2022 and his second bail application was also dismissed as withdrawn with liberty to revive after examination of the seizure witnesses passed in MCRC No.7607 of 2022 dated 10.10.2022. The third bail application of the applicant was dismissed on merits vide order 16.10.2023 passed in MCRC No. 6050 of 2023. 6. The case of prosecution in brief, is that, on 19.01.2022, the Police has seized 25.400 kg of contraband (Ganja) from the possession of applicant and co- accused Gaurav Tyagi. Therefore, the said offence has been registered. 7. Learned counsel for the applicant submits that this bail application has been filed on the ground of delay in trial. He submits that the co-accused Gaurav Tyagi against similar allegation are leveled has been extended the benefit of regular bail by the Hon’ble Supreme Court in Special Leave to Appeal (Criminal) No. 8541/2024 order dated 30.08.2024 Annexure A/5 by which the following has been observed: “Considering the period of incarceration of the petitioner and the entire facts and circumstances of this case, we are of the opinion that a case of bail is made out for the petitioner and therefore, the prayer of the petitioner is allowed. Accordingly, the petitioner is directed to be released on bail forthwith on the usual terms and conditions to be decided by the concerned court.” He fuehrer submits that the co-accused Gaurav Tyagi has been enlarged on bail and looking to the detention period, the application may be allowed. 3 8. On the other hand, learned counsel for the State opposes the bail application, however, could not dispute that the allegation against the present applicant and the co-accused Gaurav Tyagi are identical. 9. I have heard learned counsel for the applicant and perused the record. 10. On due consideration, looking to the detention period of the applicant, trial is likely to take sometime and co-accused Gaurav Tyagi has been granted bail by the Hon’ble Supreme Court against whom the similar allegation are leveled, this Court is inclined to allow the application. 11. Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial. 12. It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is also made clear that the victim/complainant or State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future. 13. Certified copy as per rules. Sd/- (Sachin Singh Rajput) Judge H.Ansari