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2026 DAILYLAW 21813 (CHH)

AMAR SINGH GUPTA v. STATE OF CHHATTISGARH

MCRC/4858/2026 · 2026-06-16

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Judgment text

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1 2026:CGHC:24370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4858 of 2026 Amar Singh Gupta S/o Radheshyam Gupta Aged About 32 Years R/o Village Chhotegaon, Police Station Kharsiya, District Raigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Baradwar, District Sakti, Chhattisgarh. ... Non-applicant _____________________________________________________ For Applicant :Ms. Shreya Jaiswal, Advocate. For Non-applicant/State :Ms. Sameeksha Gupta, 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 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.06.18 10:58:28 +0530 2 connection with Crime No.79/2026 registered at Police Station – Baradwar, District sakti (C.G.), for the offences under Sections 20(B) and 29 of NDPS Act. 2. Brief facts of the case are that on 07.03.2026, acting on secret information, the police of Police Station Baradwar intercepted a Swift Dzire car near the canal bridge at Village Sakreli and upon search, 9.225 kilograms of ganja was allegedly recovered from the joint possession of the presnt Applicant and the co-accused and no valid authority for possession of the contraband was produced. On the basis of the aforesaid allegations, the present offences have 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 07.03.2026. She further submits that no exclusive seizure of contraband was made from the possession of the present Applicant. She further submits that co-accused Maniram Gond has already been granted bail vide order dated 06.05.2026 passed in M.Cr.C No.4232/2026 and conclusion of trial is likely to take quite some time, therefore, the Applicant may be granted bail on the grounds of parity. 3 4. On the other hand, learned counsel for the State opposes the bail application and does not dispute the fact that co-accused has 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, no exclusive seizure of contraband was made from the possession of the present Applicant and further considering that co-accused Maniram Gond has already been granted bail vide order dated 06.05.2026 passed in M.Cr.C No.4232/2026 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- Amar Singh Gupta involved in Crime No.79/2026 registered at Police Station – Baradwar, District Sakti (C.G.), for the offences under Sections 20(B) and 29 of 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 4 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. 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