1 2026:CGHC:19946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3927 of 2026 Girish Chandra Pandey S/o Late Lakshmiprasad Pandey Aged About 31 Years R/o- Village Chorbhattikhurd Bharani, Police Station And Tehsil- Sakri, Distt.- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station- Sakri, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Rajendra Kumar Patel, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.04.2026 1. The applicant has preferred this Second 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. 533/2025, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 31.10.2025 passed in MCRC No.8628/2025, on merits. 3. The prosecution story, in brief, is that on 31.07.2025, the Police Station Sakri received secret information that residents of Chorbhathihurd, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Muslim Mohalla – namely accused Kanti had procured a Pandey and her son Girish Chandra Pandey large quantity of ganja from Odisha. Acting on the said information, police conducted a raid, during which it was found that on the request of the accused persons, co-accused Deepak Ganda and Dileshwar Nayak had brought the contraband from Odisha in an Ertiga car bearing registration number OD-17-U/1372 and delivered it to them. Subsequently, from the possession of accused Kanti Pandey and Girish Chandra Pandey, police seized a total of 30 kilograms of ganja, 15 kilograms from a white plastic bag belonging to Kanti Pandey and 15 kilograms from a blue plastic bag belonging to Girish Chandra Pandey which were kept in a Baleno car bearing registration number CG-10- BD/4999. Both the accused were arrested on the same day, and an FIR was registered against them. Hence, the bail application. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that though the contraband article which is said to have been recovered from the joint possession of the accused persons is above the commercial quantity, but the co-accused namely Dileshwar Nayak whose bail application was rejected by this Court vide order dated 05.01.2026 passed in MCRC No.10081/2025, he preferred a Special Leave to Appeal (Crl.) No.3229/2026 before the Hon’ble Apex Court, and the same was allowed and he has been granted bail by the Hon’ble Apex Court on 08.04.2026. It is further submitted that there are no any criminal antecedents of the applicant under the NDPS Act, and 3 he is in jail since 31.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and a total of 30 Kgs of Ganja has been recovered from the joint possession of the applicant and co-accused, and on the same ground the first bail application of the applicant was rejected by this Court, therefore, this bail application is also liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that though the contraband article which is said to have been recovered from the joint possession of the accused persons is above the commercial quantity, but the co- accused namely Dileshwar Nayak whose bail application was rejected by this Court vide order dated 05.01.2026 passed in MCRC No.10081/2025, he preferred a Special Leave to Appeal (Crl.) No.3229/2026 before the Hon’ble Apex Court, and the same was allowed and he has been granted bail by the Hon’ble Apex Court on 08.04.2026, and further that the applicant is in jail since 31.07.2025 and 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 in this case. 8. Accordingly, this second bail application of the applicant is allowed. 4 9. Let the applicant, Girish Chandra Pandey, involved in Crime No. 533/2025, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offence punishable under Section 20(B) and 29 of the NDPS Act, 1985, be released on bail on their furnishing a 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 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 5 of liberty of bail and proceed against him in accordance with law. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar