1 2025:CGHC:49732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7632 of 2025 1 - Nitish Kumar S/o Ramayan Bharti Aged About 25 Years R/o Babu Vishunpur, Police Station Jadvapur, District- Gopalganj (Bihar) ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O. Police Station- Ambikapur, District- Surguja (C.G.) ... Respondent For Applicant : Mr. Sanjay Pathak, Advocate For Respondent : Ms. Mandwi Bhardwaj, PL SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 07.10.2025 1. This application under Section 483 of the BNSS, 2023 for grant of regular bail has been filed by the accused/applicant, who has been arrested in connection with Crime No.111/2023 registered at Police Station Ambikapur, District Surguja for the offence under Section 20 (b) (ii) (B) of the N.D.P.S. Act. PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.10.07 15:02:44 +0530 2 2. The first bail application of the applicant was dismissed as withdrawn vide order dated 14.06.2023 passed in MCRC No.2130/2023, with liberty to repeat the prayer after examination of the seizure witnesses. The second bail application of the applicant was rejected on merits vide order dated 15.01.2024 passed in MCRC No.6304/2023. 3. Prosecution case, in brief, is that on 08.02.2023 the Police Authority, on the basis of a secret information that four persons at bus stand, Ambikapur were in possession of illicit contraband (Ganja) and were waiting for the customers, apprehended the present applicant and other co-accused persons. From the possession of each of the accused persons, about 7 Kilograms of Ganja was separately recovered from their bags. 4. Learned counsel for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. He submits that the similarly situated co-accused persons Namira Parvin, Soni Khatun and Bihari Kumar have already been released on bail vide orders dated 15.07.2025, 05.08.2025 & 08.09.2025 in MCRC Nos.5516/2025, 6132/2025 & 6251/2025 respectively. Learned counsel also submits that the applicant has no previous criminal antecedents and he is behind bars since 08.02.2023 i.e. for more than 2 years and the conclusion of trial is likely to take considerable time; therefore, considering all these aspects, the applicant may be enlarged on bail. 5. Per contra, learned State counsel opposes the prayer for bail. However, she did not dispute the fact that similarly situated co-accused persons have been enlarged on bail. 3 6. Having considered the submission of counsel for the present applicant, considering the facts and circumstances of the case, further considering the period of pretrial detention of the applicant, which is about 2 years and particularly considering that similarly situated co-accused persons have already been enlarged on bail, I am inclined to release the applicant on bail. 7. Accordingly, the application is allowed. The applicant is directed to be released on bail on the following conditions:- • The applicant shall execute a personal bond for a sum of Rs.25,000/- with 01 surety for the like amount to the satisfaction of the trial Court. • The applicant shall appear before the trial Court on each and every date given by the said Court. • The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. • The applicant and the surety shall submit a copy of their Adhaar Card along with a coloured postcard full size photo having printed the Adhaar number on it, which shall be verified by the trial Court. • The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. • The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Deepak Kumar Tiwari) Judge Priyanka