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2026 DAILYLAW 17326 (CHH)

ANSHUL AMROHI v. STATE OF CHHATTISGARH

MCRC/1749/2026 · 2026-02-18

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1 2026:CGHC:8899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1749 of 2026 Anshul Amrohi S/o Anil Amrohi Aged About 20 Years R/o Ward No. - 22, Itarsi District - Narmadapuram, M.P. (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station Singhora, District - Mahasamund (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Harsh Tripathi, Advocate. For Non-applicant/State :Mr. Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2026 1. The Applicant has preferred this 2nd Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.32/2025 registered at Police Station Singhora, District Mahasamund (C.G.), for the offence under Sections 20(b) of the NDPS Act. The 1st application was rejected on merits vide order dated 25.09.2025 passed in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.20 15:45:45 +0530 2 M.Cr.C No.7350/2025. 2. In brief, the prosecution case is that on 04.04.2025 at about 6:10 PM, police personnel of Police Station Singhora, while on rural patrolling near Village Chivrakuta, received confidential information that two persons were carrying ganja near NH-53, Murmuri Chowk. Acting on the information, the police reached the spot and apprehended two individuals who attempted to flee and disclosed their names as Anshul Amrohi and Nitin Beskar, residents of Itarsi, District Narmadapuram (M.P.). Upon search, 11 packets of ganja weighing in total 22 kilograms (9.320 kg in a bag and 12.680 kg in a suitcase) were allegedly recovered, seized, sealed on the spot, and valued at approximately Rs.3,30,000. On this basis, the offence as mentioned above has been registered against the present Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present, who is languishing in jail since 04.04.2025. It is contended that there are material discrepancies in the quantity of the seized contraband mentioned at two places in the charge sheet, wherein the quantity is shown as 19.800 kg, which is below commercial quantity. It is further submitted that the earlier bail application filed by the present applicant along 3 with co-accused Nitin Beskar in MCRC No. 7350 of 2025 was rejected by this Court vide order dated 25.09.2025; however, thereafter the co-accused Nitin Beskar preferred Special Leave Petition (Criminal) No.20021/2025 before the Hon’ble Supreme Court, which was allowed vide order dated 30.01.2026 observing that the quantity of ganja shown in the charge sheet was below commercial quantity and that there existed a dispute regarding the actual quantity of contraband seized. It is also submitted that the present Applicant and the said co-accused are implicated in the same crime number registered at Police Station Singhora, District Mahasamund (C.G.), and both were arrested on the same date, i.e., 04.04.2025, and therefore the Applicant seeks bail on the ground of parity. 4. Per contra, learned State Counsel opposes the bail application. 5. Heard learned Counsel for the parties and perused the case diary. 6. The Applicant is in custody since 04.04.2025. It is noticed that there are discrepancies in the quantity of the seized contraband reflected in the charge sheet, wherein the quantity is shown as 19.800 kg, which is below commercial quantity. It is further noted that although the earlier bail 4 application of the present Applicant was rejected by this Court, co-accused Nitin Beskar has subsequently been granted bail by the Hon’ble Supreme Court in Special Leave Petition (Criminal) No. 20021/2025 vide order dated 30.01.2026, observing that the quantity of ganja shown in the charge sheet was below commercial quantity and that there existed a dispute regarding the actual quantity of contraband seized. The present Applicant and the said co-accused are implicated in the same crime number and were arrested on the same date, i.e., 04.04.2025. Considering the parity with the co-accused and without further commenting anything on the merits of the case, this Court is inclined to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Anshul Amrohi involved in Crime No.32/2025 registered at Police Station Singhora, District Mahasamund (C.G.), for the offence under Sections 20(b) of the NDPS Act be released on bail on his 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. 5 (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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya