1 2026:CGHC:374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9762 of 2025 Ankit Patel S/o Shri Kunjilal Patel Aged About 25 Years Occupation- Labourer R/o Old Kanchapur, Near Gulab Hostal Deewan Adhar Singh Ward P.S. Adhrtal District- Jabalpur (M.P.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer P.S. Chilphi, District- Kabeerdham C.G. ... Non-applicant For Applicant : Mr. Brajesh K. Rajak, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 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. 28/2025 registered at Police Station Chilphi, District Kavardha (Kabeerdham) (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.06 10:38:21 +0530 2 2. The prosecution story in brief, is that on 22/07/2025, the police received discreet information from an informant stating that two boys, while riding a bike/scooter bearing registration number M.P.-20 ZU- 8278, were traveling on the Raipur–Kawardha–Jabalpur route and were allegedly transporting contraband (Ganja) illegally. It was further informed that two more boys were accompanying them on another scooter bearing registration number M.P.-20 ZK-7484, acting as pilots. Upon receiving the said information, the police took prompt action and conducted a raid at the informed location, i.e., in front of N.H.-30 check post. During active checking, the said scooters arrived at the spot. When the police attempted to stop them, the suspects tried to flee; however, they were apprehended by the police team while following proper procedure. Upon inquiry, the accused persons disclosed their names as Sonu Thakur, Rahul Thakur, Ankit Patel, and Amar Kahre, along with their respective addresses. The police informed them about the received information and conducted the necessary formalities as required under the N.D.P.S. Act. Subsequently, the police proceeded to search the accused persons and their vehicles. During the search of scooter M.P.-20 ZK-7484, five packets of suspected contraband (believed to be Ganja) were found. The police tested the substance using a drug detection kit and weighed it, which amounted to a total of 10.300 kg. Thereafter, all the accused persons were arrested. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant submits that he is innocent and has been falsely implicated by the 3 respondent in the alleged crime, as even the FIR and the seizure memo dated 22.07.2025 clearly reveal that the alleged contraband was not recovered from the possession of the present applicant, as evident from the seizure memo filed as Annexure A/3. It is further submitted that there are material irregularities in the investigation inasmuch as four persons were shown as accused in a common FIR despite the fact that they were allegedly traced and apprehended separately. It is also pertinent to mention that one of the co-accused, namely Amar Khare, has already been granted the benefit of regular bail by this Hon’ble Court and the allegations against the present applicant are identical, thereby attracting the principle of parity, a copy of the said order being filed as Annexure A/4. The applicant has been casually implicated by the police without there being any incriminating material on record, except false and fabricated allegations regarding seizure of ganja, and the mandatory provisions of the NDPS Act, including Sections 42, 50 and 52-A, have been grossly violated, as is apparent from the charge-sheet itself. The applicant has been falsely implicated despite there being no conscious possession of any contraband, and therefore no offence under Section 20 of the NDPS Act is made out against him. The applicant is a young person aged about 25 years and although a past criminal history of 17 cases has been shown, several of the cases have already been closed and others are pending, as reflected from the documents filed as Annexure A/5,Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant has opposed the bail application and submitted that the charge-sheet has already been filed before the competent Court. She 4 further submits that the applicant has as many as 17 criminal antecedents and, therefore, he is not entitled to the grant of regular 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, namely that the contraband article, i.e., 10.300 kg of ganja, was recovered from the possession of the applicant and other co-accused, which is less than the commercial quantity, and that one of the co- accused has already been granted bail vide order dated 03.11.2025 passed in MCRC No. 8717 of 2025, and further considering that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 22.07.2025, and the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Ankit Patel, involved in Crime No. 28/2025 registered at Police Station Chilphi, District Kavardha (Kabeerdham) (C.G.) for the offence under Section 20(B) of the Narcotic Drugs and 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 5 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. Sd/- (Ramesh Sinha) Chief Justice vaibhav