1 2025:CGHC:59697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10091 of 2025 Vishal Mishra S/o Late Shri Anil Mishra, Aged About 30 Years R/o Baldeo Bagh, Behind Mohab Hospital, Ward No. 15, Thana- Kotwali, Distt. Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer- Thana Kotwali, Distt. Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Anurag Dayal Shrivastava, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.12.2025 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. 605/2025 registered at Police Station Kotwali, District Rajnandgaon (C.G.) for the offence punishable under Sections 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. As per the prosecution case, on 07.10.2025, co-accused Kishore Sinha and Kisan Sen were intercepted by the Sub-Inspector of Police, Police Station Kotwali, Rajnandgaon, on the basis of information received from ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.10 11:15:22 +0530 2 an informer regarding their alleged possession and transportation of narcotic drugs. Both were travelling in a truck bearing registration number CG-08-AS-8158. During the search, accused Kishore Sinha was found in possession of ten strips of “Nitrazepam,” containing ten tablets in each strip, weighing 73.900 grams. Further, nine strips weighing 66.500 grams were recovered from the possession of co-accused Kisan Sen. During investigation, as both accused failed to produce any valid documents authorizing them to keep the said substances in their possession, they were arrested and an offence was registered against them. It is further alleged that, in his memorandum statement, co- accused Kisan Sen disclosed the name of the present applicant, alleging that he procured the tablets from co-accused Kishore and supplied them to the present applicant for sale. On the basis of the said memorandum, the present Applicant has been arrested. 3. It has been argued by learned counsel for the applicant that the present applicant has 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 applicant has no criminal antecedents. He further submits that the co-accused person, namely, Kishore Kumar Sinha has already been granted regular bail by this Court in MCRC No. 9631 of 2025, vide order dated 27.11.2025, hence the applicant is 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 filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Kishore Kumar Sinha has already been granted regular bail by this Court in MCRC No. 9631 of 2025, vide order dated 27.11.2025, 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 applicant is also entitled to be grant regular bail on the ground of parity in this Case. 7. Let the Applicant – Vishal Mishra, involved in Crime No. 605/2025 registered at Police Station Kotwali, District Rajnandgaon (C.G.) for the offence punishable under Sections 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on his furnishing 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 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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 4 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 sufÏcient 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. OfÏce 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 Sd/- Abhishek