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2026:CGHC:7610
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1477 of 2026 Akash Tandon Alias TT S/o. Darbari Tandon Aged About 23 Years R/o. Mini Basti, Police Station Civillines, Tehsil and District Bilaspur (C.G.) (Name Of Applicant As Per Impugned Order)
... Applicant versus State of Chhattisgarh Through S.H.O P.S. Civil lines, District- Bilaspur(C.G.)
... Non-Applicant For Applicant : Mr. Amit Xalxo, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.02.2026
1. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 639/2021 registered at Police Station - Civil lines, District- Bilaspur (C.G.) for the offence punishable under Sections 21(C)and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 30/06/2021, the police of Police Station Civil Line, Bilaspur received information from a secret informer that three persons were selling intoxicating syrups and injections near Pratap Chowk Over Bridge. Acting on the said information and in compliance with the provisions of the NDPS Act, the police reached the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.12 15:21:43 +0530
2 spot, surrounded, and detained the accused persons, who were carrying bags. From accused Ritesh, an orange bag containing 32 bottles (100 ml each) of Onrex syrup labeled as containing Chlorpheniramine Maleate IP 4 mg and Codeine Phosphate IP 10 mg, along with Rs. 370 in cash, was recovered. From accused Akash Kurre, a white bag containing 34 bottles (100 ml each) of Onrex syrup and 11 sealed Rexogesic 2 ml ampoules, along with Rs. 260 in cash, were recovered. From accused Akash Tandon, a yellow-blue bag containing 28 bottles (100 ml each) of Onrex syrup and Rs. 120 in cash was recovered. The accused were allegedly found in illegal possession of narcotic substances and attempting to sell them. Accordingly, Crime was registered under Sections 21 and 22 of the NDPS Act. After investigation, a charge sheet was filed, and charges under Sections 21(c) and 22(c) of the NDPS Act were framed by the Special Court (NDPS), Bilaspur. The applicant, along with the co-accused, was arrested on 30/06/2021 and remanded to judicial custody.
He was subsequently granted regular bail by the High Court on 09/05/2022 and appeared regularly before the trial court. However, due to improper follow-up and miscommunication with his local counsel, the next date of hearing was not communicated to him. Consequently, in the absence of his appearance and representation, a permanent warrant was issued against him. In compliance with the said order, he was arrested on 23/08/2025 and produced before the trial Court, which remanded him to judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this Case. He further submits that this is the third bail application, the first bail application of the applicant was rejected on merits by this Court vide order dated 29.10.2021 passed in MCRC No. 4975/2021, and thereafter the second bail
3 application was allowed by this Court vide order dated 09.05.2022 passed in MCRC No. 10245/2021, it is evident that the applicant had jumped bail during the trial and absconded and the explanation offered by the applicant is that he had gone to earn his livelihood. He further submits that there are total 13 prosecution witnesses in the present case, till date only 1 witnesses have been examined before the trial Court, further the charge-sheet has already been filed and the applicant is in jail since 23.08.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application of the applicant was rejected on merits by this Court vide order dated 29.10.2021 passed in MCRC No. 4975/2021, and thereafter the second bail application was allowed by this Court vide order dated 09.05.2022 passed in MCRC No. 10245/2021, it is evident that the applicant had jumped bail during the trial and absconded. Hence, this bail application is liable to be rejected. 5.
I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties and the fact that the first bail application of the applicant was rejected on merits by this Court vide order dated 29.10.2021 passed in MCRC No. 4975/2021, and thereafter the second bail application was allowed by this Court vide order dated 09.05.2022 passed in MCRC No. 10245/2021, it is evident that the applicant had jumped bail during the trial and absconded and the explanation offered by the applicant is that he had gone to earn his livelihood, however, considering that the trial is in progress and there is every likelihood that, if released on bail, the
4 applicant may abscond again, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the third bail application of the applicant- Akash Tandon Alias TT filed under Section 483 of BNSS, involved Crime No. 639/2021 registered at Police Station - Civil lines, District- Bilaspur (C.G.) for the offence punishable under Sections 21(C)and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trail and conclude the same expeditiously. 9. The office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
Chief Justice Preeti