1 2025:CGHC:58593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9864 of 2025 Kishore Sahu S/o Ishwari Sahu Aged About 34 Years Occupation- Constable R/o Sakarra, Police Station And Tahsil Malkharouda District Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Jutemill District Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.12.2025 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. 381/2024 registered at Police Station- Jutemill Raigarh, District- Raigarh (C.G.) for the offence under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that the police of Police Station Jutemill, District Raigarh (C.G.), received secret information from an informant, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.04 14:40:41 +0530 2 and on the basis of such information, the police conducted a raid and searched two vehicles parked near Kodatarai Howaipatti. During the raid, five accused persons namely, Santram Khunte, Sumitra Khunte, Rajaram, Ankit Singh, and Mahendra Tondon were apprehended, and a total of 175 kg of contraband (Ganja) was seized from the said vehicles. During the course of investigation, it came to light that the seized Ganja had been purchased from one Vyomesh, who was alleged to be the distributor of the contraband. The police recorded the memorandum statements during investigation, implicated the present applicant along with other persons, and thereafter filed the charge sheet. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence. It is submitted that no contraband Ganja has been seized from the possession of the present applicant, and he has been falsely implicated solely on the basis of the memorandum statement of co-accused. He additionally submits that a similarly placed co-accused persons, namely Vyomesh Khatua and Deepak @ Nanhu Bharadwaj, whose bail applications (MCRC No. 7090/2025 and MCRC No. 6013/2025) were earlier rejected by this Hon’ble High Court on 07.09.2025 and 31.07.2025 respectively, approached the Hon’ble Supreme Court and has been granted bail in SLP (Criminal) Nos. 14183/2025 and 15232/2025 vide order dated 17.11.2025. A copy of the order dated 17.11.2025 is filed as Annexure A-4. He further submits that the applicant has no criminal antecedents and he is in jail since 30.08.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submit that the charge-sheet has been filed in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that 175 kg Ganja seized from the joint possession of the present applicant along with co-accused person, therefore, the present applicant is not entitled for grant of bail. 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 that in the present bail application the charge-sheet has been filed before the competent Court, the fact that similarly placed co-accused persons, namely Vyomesh Khatua and Deepak @ Nanhu Bharadwaj, whose bail applications (MCRC No. 7090/2025 and MCRC No. 6013/2025) were earlier rejected by this Court on 07.09.2025 and 31.07.2025 respectively, approached the Hon’ble Supreme Court and has been granted bail in SLP (Criminal) Nos. 14183/2025 and 15232/2025 vide order dated 17.11.2025, this Court is of the considered view that the applicant stands on the same footing as the said co-accused, further the applicant has no criminal antecedents and he is in jail since 30.08.2024, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Kishore Sahu, involved in Crime No. 381/2024 registered at Police Station- Jutemill Raigarh, District- Raigarh (C.G.) for the offence under Sections 20(B) and 29 of the Narcotic Drugs and 4 Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local 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 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 of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav