1 2026:CGHC:20972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4126 of 2026 1 - Rahul Thakur S/o Rajkumar @ Kodu Singh Thakur Aged About 20 Years Occupation Labourer, R/o Sanjay Nagar, Adhrtal, Near Sharda Mandir, P.S. Adhrtal, District Jabalpur M.P. ... Applicant versus 1 - State Of Chhattisgarh Through Station House OfÏcer P.S. Chilphi, District - Kabeerdham, Kavrdha Chhattisgarh ...Non-applicant For Applicant : Mr. Brajesh K. Rajak, Advocate For State/ Non-applicant : Mr. Shailendra Sharma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 28/2025, registered at Police Station – Chilphi, District – Kavardha (Kabeerdham) (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, for short, ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.06 20:26:05 +0530 2 the NDPS Act. 2. That, as per the prosecution case, on 22.07.2025, the police received discrete information from a reliable informant that two persons riding a scooty bearing No. M.P.-20-ZU-8278, along with two others on another scooty bearing No. M.P.-20-ZK-7484, were illegally transporting contraband (ganja) from Raipur–Kawardha towards Jabalpur. Acting upon the said information, the police reached near N.H.-30 check post and during checking intercepted the suspected vehicles, whose riders attempted to flee but were apprehended. Upon inquiry, they disclosed their names as Sonu Thakur, Rahul Thakur, Ankit Patel, and Amar Kahre, and after complying with the provisions of the NDPS Act, the police conducted search of their persons and vehicles. During the search, five packets of suspected ganja were recovered from the dickey of scooty No. M.P.-20-ZK-7484, which on testing and weighment was found to be 10.300 kg. Accordingly, all the accused persons were arrested and an offence under the relevant provisions of the NDPS Act was registered against them, and they were produced before the learned Special Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed and no further custodial interrogation of the applicant is required. 3 Learned counsel contends that the quantity of alleged contraband seized from the possession of the applicant is 10.300 kgs of ganja, which falls within the category of intermediate quantity and does not attract the rigours of Section 37 of the NDPS Act, as the notified commercial quantity of ganja is more than 20 kgs. It is also submitted that the applicant is in judicial custody since 22.07.2025 and the conclusion of the trial is likely to take a considerable period of time. On these grounds, and also on the ground of parity, prayer is made for grant of regular bail to the applicant. 4. Per contra, learned counsel for the State has opposed the bail application and submits that the charge-sheet has been filed in the present case and a total quantity of 10.300 kgs of ganja has been recovered from the possession of the applicant. It is further submitted that the applicant has as many as 12 criminal antecedents, details whereof have been mentioned in paragraph 4- A of the bail application. In view of the aforesaid facts and circumstances, it is contended that the applicant does not deserve the benefit of bail and, therefore, the present bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the 4 parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 10.300 Kgs, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 22.07.2025 and the present applicants, co-accused has also been enlarged on bail by this Court in MCRC No.8717 of 2025 vide order dated 03.11.2025, the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity. 7. Accordingly the bail application if allowed. Let the applicant, Rahul Thakur involved in Crime No.28/2025, registered at Police Station – Chilphi, District – Kavardha (Kabeerdham) (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, for short, the NDPS Act, 1985, be released on bail on their furnishing a 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. 5 (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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwitth. S Sd/- Ramesh Sinha (Chief Justice) Arpan