1 2026:CGHC:23762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4692 of 2026 Harsh Rathi @ Laddu S/o. Rajendra Rathi Aged About 25 Years R/o. House No. 561 Mig Near Hirapur Bengali Hotel P.S. Kabirnagar, Dist.- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Kabirnagar, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Ms. Wasim Miyan, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.06.2026 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. 183/2025, registered at Police Station – Kabirnagar, District – Raipur (C.G.) for the offence punishable under Section 21(B), 21(C), 29 and 27(A) of the NDPS Act and Section 111 of the BNS. 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 01.04.2026 passed in MCRC No.2862/2026, on merits. 3. The prosecution story, in brief, is that The prosecution story in brief, is that on 21.08.2025, the police of Kabir Nagar Police Station, District Raipur, on receiving secret information, conducted a raid in compliance RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 with the mandatory provisions of the NDPS Act. At the spot near Vedant Vatika, Heerapur, within the jurisdiction of Police Station Kabir Nagar, Raipur, co-accused Manmohan @Jaggu was found sitting on a black motorcycle without a registration number. From the pocket of the lower worn by him, 05 plastic packets containing illegal narcotic substance, namely heroin (chitta), were recovered. From the said co- accused, out of the said 05 packets, heroin/chitta weighing respectively 1.10 grams, 1.30 grams, 22.93 grams, 1.30 grams and 1.44 grams (including polythene), totaling 28.16 grams was seized. During investigation, on the basis of the memorandum statement of co- accused Manmohan @ Jaggu, 105.33 grams of heroin/chitta was recovered from his house, 47.49 grams from the possession of co- accused Divya Jain, 77.60 grams from co-accused Vijay Motwani and 13.09 grams from co-accused Nitin Patel. In this manner, a total of 271.67 grams of heroin/chitta was seized from the accused persons. Further, during investigation on 23.08.2025, upon receiving information regarding co-accused Harpreet Kaur @ Happy, a raid was conducted at Veer Savarkar Nagar, House No. LIG 251, 252, and 9.43 grams of heroin/chitta was seized from the dickey of her Activa vehicle. During further investigation, upon re- interrogation of co-accused Manmohan Singh @ Jaggu, he disclosed that he had given a pistol and two cartridges to the present applicant/accused Harsh Rathi and that the applicant had invested money for the purchase and sale of heroin/chitta. Thereafter, the applicant/accused Harsh Rathi was interrogated and his memorandum statement was recorded, wherein he denied taking any pistol and cartridges from co-accused-Manmohan Singh but admitted that he had made online monetary transactions with 3 Manmohan Singh for the purpose of purchase and sale of heroin/chitta. 4. After completion of the above proceedings, an offence under Section 21-B of the NDPS Act was registered and upon completion of investigation, the charge-sheet has been filed before the competent court. Therefore, the aforesaid offences were registered against the accused persons, including the present applicant/accused Harsh Rathi, for their active involvement in possession, distribution and financial transactions relating to illegal narcotic substances. 5. 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 though the first bail application of the applicant was rejected by this Court on merits, but so such recovery of contraband article has been made from the possession of the applicant, whereas from the possession of the co-accused the seizure has been made, and the co-accused namely Nitin Patel from whom less than the commecial quantity of contraband article has been recovered, has already been enlarged on bail vide order dated 05.05.2026 in MCRC No.4167/2026. It is further submitted that there are 4 criminal antecedents of the applicant under the IPC and BNS, out of which 2 have been disposed of, and he is in jail since 30.12.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 6. On the other hand, the learned counsel for the State opposes the bail application and submits that the contraband article seized in the crime in question, the same is more than the commercial quantity and the 4 applicant is also said to have involved in the instant case, 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. 7. I have heard learned counsel for the parties and perused the material available on record. 8. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that though the first bail application of the applicant was rejected by this Court on merits, but such recovery of contraband article has been made from the possession of the applicant, whereas from the possession of the co- accused the seizure has been made, and the co-accused namely Nitin Patel from whom less than the commercial quantity of contraband article has been recovered, has already been enlarged on bail vide order dated 05.05.2026 in MCRC No.4167/2026. It is further submitted that there are 4 criminal antecedents of the applicant under the IPC and BNS, out of which 2 have been disposed of, and further that the applicant is in jail since 30.12.2025 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. 9. Accordingly, this second bail application of the applicant is allowed. 10. Let the applicant, Harsh Rathi @ Laddu, involved in Crime No. 183/2025, registered at Police Station – Kabirnagar, District – Raipur (C.G.) for the offence punishable under Section 21(B), 21(C), 29 and 27(A) of the NDPS Act and Section 111 of the BNS, 1985, be released 5 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 of liberty of bail and proceed against him in accordance with law. 11. 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