1 2026:CGHC:1432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 171 of 2026 Neeraj Kumar Mishra S/o Shri Pradip Mishra Aged About 34 Years R/o House No.771, Khaksis Orai Thana Redhar Dist- Jalaun (Uttar Pradesh) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer Police Station- Singhoda, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Ms. Anjali Pradhan, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 125/2024 registered at Police Station Singhoda, District- Mahasamund (C.G.) for the offence punishable under Section 20(b) of NDPS Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 24.11.2024, the officers of Police Station Singhoda, District Mahasamund (C.G.) received secret information regarding transportation of contraband substance through a vehicle bearing registration No. UP-92-AL- 6791 (Swift Dzire). The said information was duly recorded in the Rojnamcha, whereafter a search team was constituted and independent witnesses were summoned. During the search of the aforesaid vehicle, 30 kilograms of ganja was seized from the joint possession of the applicant and co-accused persons. Consequently, the present offence was registered against the applicant and other co-accused persons in accordance with law. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 20.06.2025 in MCRC No.4434 of 2025, therefore this second bail application is filed on the ground that identically situated co-accused, namely, Anshul Kumar, whose bail application was rejected by this Court vide order dated 30.06.2025 in MCRC No.4192 of 2025 has preferred Special Leave Petition (Crl.) No.16262 of 2025 before the Hon’ble Apex Court and has been granted bail, copy of the same is annexed as Annexure A/5. She further submits that the applicant has one criminal antecedent under the NDPS Act, in which applicant has already been acquitted vide order dated 29.04.2025, copy of the same is annexed as Annexure A/3, further charge-sheet has 3 already been filed in the present case and the applicant is in jail since 24.11.2024, hence, she prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the quantity of contraband article i.e. 30 Kgs of Ganja recovered from the joint possession of the applicant and co-accused persons is much above the commercial quantity as notified under the NDPS Act and is having one criminal antecedent under the NDPS Act, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 20.06.2025 in MCRC No. 4434 of 2025 on the ground that the seizure made from the joint possession of applicant and co-accused is much above the commercial quantity and the applicant has failed to give explanation regarding the same, but considering the fact that identically situated co-accused, namely, Anshul Kumar, whose bail application was rejected by this Court vide order dated 30.06.2025 in MCRC No.4192 of 2025 has preferred Special Leave Petition (Crl.) No.16262 of 2025 before the Hon’ble Apex 4 Court and has been granted bail. So far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent under the NDPS Act, in which he has already been acquitted vide order dated 29.04.2025, further charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Neeraj Kumar Mishra, involved in Crime No. 125/2024 registered at Police Station Singhoda, District- Mahasamund (C.G.) for the offence punishable under Section 20(b) of NDPS Act, be released on bail on his 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. (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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil