1 2026:CGHC:23260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4593 of 2026 Krishna Kumar Barnwal S/o Narsingh Barnwal Aged About 55 Years R/o Kastar Town House Of Dhirendra Ray, Sundar Lal Mishra Road, Thana Nagar, District - Devghar (Jharkhand) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Sarkanda, District - Bilaspur (C.G.). ... Non-Applicant For Applicant : Mr. Rajeev Kumar Dubey, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2026 1. This is the Second 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. 373/2025 registered at Police Station – Sarkanda, District- Bilaspur (C.G.), for the offence punishable under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on the basis of information received from an informant on 09.03.2025, it was reported that two persons were about to transport an illegal narcotic substance near Urja Park, Raj Kishor Nagar, Bilaspur, in a red and white coloured bag. Acting PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.15 18:09:02 +0530 2 upon the said information, the police reached the spot, conducted a search, and recovered 55 bottles of Onerex cough syrup from the alleged illegal possession of co-accused Athraw @ Soumy Singh and Yogesh Sahu. Thereafter, on the basis of the memorandum statements of the said co-accused persons, the accused, namely Rituraj, was implicated and on the basis of his memorandum statement present applicant, namely, Krishna Kumar Barnwal has implicated and subsequently arrested in the matter. 3. The first bail application of the applicant was rejected by this Court on merit vide order dated 16.03.2026 passed in MCRC No. 1456/2026. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the first bail application of the applicant was rejected by this Court on merits. The present one is the second bail application, preferred on the ground that the applicant is about 55 years of age and is suffering from Hypothyroidism, an autoimmune disorder, i.e., a chronic condition in which the thyroid gland is underactive, resulting in insufficient production of thyroid hormones, thereby affecting metabolic rate, heart rate, and temperature regulation. This fact is evident from the medical documents issued by CIMS, Bilaspur and the Jail Hospital, Central Jail, Bilaspur. Copies of the said medical documents have been filed herewith as Annexure A/4 (Colly). He further submits that the witness to the memorandum statement of the co-accused, namely Sagar Mishra, has turned completely hostile with regard to the said statement and other aspects of the investigation. Therefore, one of the clinching pieces of evidence collected by the Investigating Officer has not been substantiated before the learned Trial Court. He also submits that the present applicant has been implicated solely on the basis of the memorandum statement of 3 the co-accused Ritura, alleging that the WhatsApp message was sent by him. Apart from this, there are no other incriminating circumstances connecting the present applicant with the alleged offence. The applicant has been in custody since 07.07.2025. He also submits that the applicant has no previous criminal antecedents and that the conclusion of the trial is likely to take some time. Therefore, he prays that the present applicant be enlarged on regular bail. 5. Learned counsel for the State opposes the bail application and submits that the first bail application of the applicant was rejected by this Court on merit vide order dated 16.03.2026 passed in MCRC No. 1456/2026, as such, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the fact that this is the second bail application filed by the applicant, and it transpires from the record that the first bail application was rejected by this Court vide order dated 16.03.2026 passed in MCRC No. 1456/2026 on the ground that the recovery of huge quantity of contraband article i.e. 55 bottles of Codeine-based Onerex cough syrup from the co-accused, and the material indicating the involvement of the present applicant on the basis of the memorandum statements forming part of the supply chain, further the fact that though the applicant is a licensed medical agency owner and has produced documents such as medical purchase bills and license retention letter, the contraband seized is a prohibited narcotic substance and the quantity involved is above commercial quantity, reflecting an organized illicit trafficking activity, in view of the seriousness of the offence and the overall circumstances, this Court is of the opinion that this is not a fit case to 4 enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant - Krishna Kumar Barnwal filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No. 373/2025 registered at Police Station – Sarkanda, District- Bilaspur (C.G.), for the offence punishable under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, 1985, is rejected. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same expeditiously. 10. 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 Preeti