Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:6856
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 50 of 2026 1 - Rajat Pandey S/o Sanjay Kumar Pandey Aged About 27 Years R/o Plot- No. 15/8, Radhika Nagar, Supela, Bhilai P.S. Supela, District- And Tehsil Durg Chhattisgarh,
--- Applicant versus 1 - State Of Chhattisgarh Through Police Station Mohan Nagar, District- Durg (C.G.)
--- Respondent
For Applicant : Shri B. P. Singh, Advocate. For State/Respondent : Ms. Monika Thakur, Panel Lawyer. MCRC No. 939 of 2026 1 - Yashraj Singh S/o Dinesh Singh Aged About 23 Years R/o House No. 264, Street No. 04, Shanti Nagar, Ward No. 11, Supela Bhilai Tahsil And Dist. Durg, Chhattisgarh
--- Applicant Versus NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.02.06 18:55:15 +0530
2 1 - State Of Chhattisgarh Through- The Arakshi Kendra Mohan Nagar Durg, District : Durg, Chhattisgarh
--- Respondent For Applicant : Shri Vipin Tiwari, Advocate. For State/Respondent : Ms. Monika Thakur, Panel Lawyer. MCRC No. 807 of 2026 1 - Jagtar Singh S/o Jasbir Singh Aged About 36 Years (Wrongly Mentioned As Jaktar Singh ) R/o Khursipar Punjabi Mohalla, Bhilai District- Durg (C.G.)
--- Applicant Versus 1 - State Of Chhattisgarh Through P.S. Mohan Nagar, District- Durg (C.G.)
--- Respondent For Applicant : Shri Sunil Kumar Pandey, Advocate. For State/Respondent : Ms. Monika Thakur, Panel Lawyer. MCRC No. 598 of 2026 1 - Monty Arora S/o Shri Kewal Arora Aged About 32 Years R/o- L.I.G.- 1/825, Housing Board, Industrial Area, P.S- Jamul, Bhilai, District- Durg (C.G.)
--- Applicant Versus 1 - State Of Chhattisgarh Through District Magistrate- Durg, Distt- Durg (C.G.)
--- Respondent For Applicant : Shri Jaydeep Singh Yadav, Advocate. For State/Respondent : Ms. Monika Thakur, Panel Lawyer. MCRC No. 369 of 2026 1 - Lokesh Kumar Ogre S/o Sugam Lal Ogre Aged About 27 Years R/o Lig- 384, Deen Dayal Awas Bhilai-03, District- Durg (C.G.)
--- Applicant
3 Versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Mohan Nagar, District- Durg (C.G.)
--- Respondent For Applicant : Ms. Sweksha Sharma, Advocate. For State/Respondent : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2026
1.
These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have 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. CG-07-CH-7776 and were selling heroin. On the basis of the said information, the police personnel conducted a raid and allegedly recovered approx 246 grams of Chitta contains narcotic substance 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
4 along with the other co-accused persons was arrested. 3. It has been argued by learned counsel for the applicants that the present applicants have 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. Counsel for the applicants further submit that the co-accused persons, namely, Ayush Bansal, Prashant Masih, Sagar Jaiswal and Rahul Singh @ Shivaji have already been granted regular bail by this Court in MCRC Nos. 8535 of 2025, MCRC No. 9344 of 2025, MCRC Nos. 10290 of 2025 and MCRC Nos. 8377 of 2025 vide orders dated 10.12.2025 and 12.12.2025 respectively, hence the applicants are 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 not been filed in the present cases before the competent Court. Further submission is that the present applicants have no criminal antecedents except applicant - Monty Arora (MCRC No. 598 of 2026), who has one criminal antecedent. 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 persons, namely, Ayush Bansal, Prashant Masih, Sagar Jaiswal and Rahul Singh @ Shivaji have already been granted regular bail by this Court in MCRC Nos. 8535 of 2025, MCRC No. 9344 of 2025, MCRC Nos. 10290 of 2025 and MCRC Nos. 8377 of 2025 vide orders dated 10.12.2025 and 12.12.2025 respectively,
5 though, the charge-sheet has not been filed and the applicants- Rajat Pandey, Lokesh Kumar Ogre, Jagtar Singh are in jail since 10.09.2025 and applicants -Yashraj Singh and Monty Arora are in jail since 18.09.2025 and 23.09.2025 respectively, therefore, this Court is of the considered view that the present applicants are also entitled to be grant regular bail on the ground of parity in this Case. 7. Let the Applicants – Rajat Pandey, Yashraj Singh, Jagtar Singh, Monty Arora and Lokesh Kumar Ogre 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 their furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail
6 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 Sd/-
Nikita