1 2025:CGHC:60599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10290 of 2025 Rahul Singh @ Shivaji S/o Chhavinath Singh Aged About 32 Years Resident of Housing Board, Bhilai, Tahsil And District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Mohan Nagar, District Durg (C.G.) .. Non-applicant For Applicant : Mr. Shudhanshu Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.12.2025 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. 460/2025 registered at Police Station Mohan Nagar, District Durg (C.G.) for the offence punishable under Sections 27(A) and 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111(2)(B) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 10.09.2025, the police of Police Station Mohan Nagar received secret information from an informant to the effect that six persons were in a Kiger car bearing Registration No. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.12 18:15:09 +0530 2 CG-07-CH-7776 and were selling heroin. On the basis of the said information, the police personnel conducted a raid and allegedly recovered 246 grams of Diacetylmorphine from the possession of the applicant and five other co-accused persons. Accordingly, offences under Sections 27(A) and 21(B) of the NDPS Act were registered, and the applicant along with the other co-accused persons was 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, Ayush Bansal and Prashant Masih have already been granted regular bail by this Court in MCRC No. 8535 of 2025 and MCRC No. 9344 of 2025, vide orders dated 10.12.2025, 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 case diary. 6. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Ayush Bansal and Prashant Masih have already been granted regular bail by this Court in MCRC No. 8535 of 2025 and MCRC No. 9344 of 2025, vide orders 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 3 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 – Rahul Singh @ Shivaji, involved in Crime No. 460/2025 registered at Police Station Mohan Nagar, District Durg (C.G.) for the offence punishable under Sections 27(A) and 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 111(2)(B) of the Bhartiya Nyaya Sanhita, 2023, 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 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 4 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