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2026 DAILYLAW 21672 (CHH)

SONU @ SURAJ v. STATE OF CHHATTISGARH

MCRC/4893/2026 · 2026-06-16

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Judgment text

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1 2026:CGHC:24379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4893 of 2026 Sonu @ Suraj S/o Chhote Singh Thakur Aged About 21 Years Occupation - Labourer, R/o Sanjay Nagar, Adhrtal, Near Sharda Mandir, Subhash Ward, Police Station Adhrtal, District - Jabalpur, M. P. ... Applicant versus State Of Chhattisgarh through Station House Officer P. S. Chilphi, District - Kabeerdham, Kawardha C.G. ... Non-Applicant _____________________________________________________ For Applicant :Mr. Brajesh K Rajak, Advocate. For Non-applicant/State :Mr. Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.06.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.06.18 10:58:28 +0530 2 for grant of regular bail, as he has been arrested in connection with Crime No.28/2025 registered at Police Station – Chilpi, District Kavardha (Kabeerdham) (C.G.), for the offence under Section 20(B) of NDPS Act. 2. The prosecution case, in brief, is that on 22.07.2025, acting on secret information, the police intercepted two scooters near the N.H.-30 Check Post while they were allegedly transporting contraband ganja. During search conducted in accordance with the provisions of the NDPS Act, 10.300 kilograms of ganja was allegedly recovered from a scooter occupied by the present Applicant and co-accused persons. The contraband was tested with a drug detection kit and seized. On the basis of the aforesaid allegations, the present offence has been registered against the present Applicant. Hence this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 22.07.2025. He further submits that the police party has violated the material requirements of Sections 42, 50 and 52-A of the said Act. It is submitted that co-accused Amar Khare, Ankit Patel and Rahul Thakur have already been granted bail vide orders dated 03.11.2025, 05.01.2026 and 05.05.2026 passed in M.Cr.C 3 Nos.8717/2025, 9762/2025 and 4126/2026 respectively and the case of the present Applicant is also identical in nature. It is lastly submitted that the Applicant is a young boy of 21 years age and conclusion of trial is likely to take quite some time, therefore, he may be granted bail on the grounds of parity. 4. On the other hand, learned counsel for the State opposes the bail application and does not dispute the fact that co-accused have been granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the pre-trial detention, and further considering the tender age of the Applicant, co-accused Amar Khare, Ankit Patel and Rahul Thakur have already been granted bail vide orders dated 03.11.2025, 05.01.2026 and 05.05.2026 passed in M.Cr.C Nos.8717/2025, 9762/2025 and 4126/2026 respectively and the likelihood of the trial taking considerable time, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Sonu @ Suraj involved in Crime No.28/2025 4 registered at Police Station – Chilpi, District Kavardha (Kabeerdham) (C.G.), for the offence under Section 20(B) of NDPS Ac 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 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. 5 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