1 2025:CGHC:60607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10275 of 2025 1. Riyaz Khan S/o Sher Mohmmad Khan Aged About 46 Years R/o Danteshwari Ward, Jagdalpur, District Bastar (C.G.) 2. Anish Khan S/o Sheikh Anwar Aged About 32 Years R/o Rautpara, Jagdalpur, District Bastar (C.G.) ... Applicants versus State of Chhattisgarh Through Station House O4cer, Police Station Kotwali Jagdalpur, District Bastar (C.G.) ... Non-applicant For Applicants : Mr. Sundar Lal Sahu, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.12.2025 1. This is the ;rst bail application ;led 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. 432/2025 registered at Police Station Kotwali Jagdalpur, District Bastar (C.G.) for the o=ence punishable under Sections 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution story, in brief, the police received secret information, and on the basis of said information, they recovered a total of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.12 18:15:09 +0530 2 1.233 kg of Poppy Straw (Doda Chura) from the joint possession of the present applicants and other co-accused persons. 3. It has been argued by learned counsel for the applicants that the present applicants have been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that the present applicants have no criminal antecedents. He further submits that the co-accused person, namely, Gurmeet Singh @ Budu has already been granted regular bail by this Court in MCRC No. 10179 of 2025, vide order dated 10.12.2025, hence the applicants are also entitled to be released on bail on the ground of parity. 4. On the other hand, learned State counsel would oppose the bail application and submit that the charge-sheet has been ;led in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Gurmeet Singh @ Budu has already been granted regular bail by this Court in MCRC No. 10179 of 2025, vide order dated 10.12.2025, moreover, the charge-sheet has already been submitted before the competent Court in the present case, therefore, this Court is of the considered view that the present applicants are also entitled to be grant regular bail on the ground of parity in this Case. 7. Let the Applicants – Riyaz Khan and Anish Khan, involved in Crime No. 432/2025 registered at Police Station Kotwali Jagdalpur, District Bastar (C.G.) for the o=ence punishable under Sections 18 of the 3 Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall ;le an undertaking to the e=ect that they shall not seek any adjournment on the dates ;xed 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 applicants shall remain present before the trial court on each date ;xed, either personally or through their counsel. In case of their absence, without su4cient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date ;xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates ;xed 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 applicants are deliberate or without su4cient cause, then it shall be open for the trial court to 4 treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. O4ce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance forthwith./- Sd/- (Ramesh Sinha) Chief Justice Sd/- Abhishek