1 2025:CGHC:47513 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7431 of 2025 Prashant Athani S/o Tarachand Athani Aged About 27 Years R/o Village Felchal, Taklimiya, P.S. Felchal, Distt. Ahmednagar, Maharashtra. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Singhora, Distt. Mahasamund. ... Non-applicant(s) For Applicant : Mr. Sumit Singh, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 15/2024, registered at Police Station Singhora District- Mahasamund (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story in brief, is that, while patrolling, police stopped a Royal Enfield Bullet bearing No. MH-16-DH-0332 and a YAMAHA R- 15 bearing a Chassis number being used for illegal transportation of Narcotic drug weed. After compliance of usual investigating officer found 15 packet Ganja kept in Beg in Black Royal Enfield Bullet and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 15 packet Ganja kept in Beg in YAMAHA R15 motorcycle. A total of 30 kgs of weed was seized from the joint possession of the applicant and other co-accused persons. On the above allegation, applicant and other co-accused person were arrested and an FIR was registered. 3. Learned counsel for the applicant submits that the co-accused namely Anil Bhor whose bail was rejected by this Court in MCRC No. 6491/2024 vide order dated 18.09.2024. Being aggrieved by the said rejection, co-accused Anil Bhor preferred a Special Leave Petition (SLP) before the Hon’ble Supreme Court. The Hon’ble Apex Court, after considering the matter, was pleased to grant bail to co-accused in SLP (Criminal) No. 1443/2025, vide order dated 22.07.2025. (Copy of the order is annexed herewith as Annexure A-3). In view of the bail granted to the co-accused in an identical set of facts and circumstances, the present applicant also prays for grant of bail on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the quantity of contraband article i.e. 30 Kgs of Ganja which has been recovered from the joint possession of the accused persons, is much above the commercial quantity and further the bail application of the co-accused namely Anil Bhor has already been rejected by this Court in MCRC No. 6491/2024, vide order dated 18.092024 as such, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the 3 present case charge-sheet has been filed before the competent Court and the quantity of contraband article which was recovered from the joint possession of the accused i.e. total 30 Kgs of Ganja, further considering the fact that the co-accused namely Anil Bhor whose bail was rejected by this Court in MCRC No. 6491/2024 vide order dated 18.09.2024, being aggrieved by the said rejection, co-accused Anil Bhor preferred a Special Leave Petition (SLP) before the Hon’ble Supreme Court and the Hon’ble Apex Court, after considering the matter, was granted bail to co-accused Anil Bhor in SLP (Criminal) No. 1443/2025, vide order dated 22.07.2025 (copy of the order is annexed herewith as Annexure A-3) and further it appears that the case of the applicant is similar to that of co-accused thus, without further commenting anything on merits, I am inclined to grant bail to the present applicant. 7. Let applicant, Prashant Athani, involved in Crime No. 15/2024, registered at Police Station Singhora District- Mahasamund (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (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 4 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal