1 2026:CGHC:26946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3658 of 2026 Deepak Ganda S/o Premananda Ganda Aged About 28 Years R/o Village Kandapalla, Police Station- Ambabhana, District- Bargarh (Odisha) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Sakri, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Sahu, Advocate For Non-Applicant/State : Ms. Anita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.07.2026 1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 533/2025 registered at Police Station – Sakri, District – Bilaspur (C.G.), for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail application of the applicant being MCRC No. 1363/2026 was rejected by this Court vide order dated 06.02.2026 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 on merits. 3. Case of the prosecution, in brief, is that on 31.07.2025, Police Station Sakri received secret information that residents of Chorbhathikhurd, Muslim Mohalla, namely accused Kanti Pandey and her son, Girish Chandra Pandey, had procured a large quantity of ganja from Odisha. Acting upon the said information, the police conducted a raid, during which it was revealed that, at the request of the accused persons, co-accused Deepak Ganda and Dileshwar Nayak had brought the contraband from Odisha in an Ertiga car bearing registration No. OD-17-U/1372 and delivered the same to them. Subsequently, from the possession of accused Kanti Pandey and Girish Chandra Pandey, the police seized a total quantity of 30 kilograms of ganja, out of which 15 kilograms were recovered from a white plastic bag belonging to Kanti Pandey and 15 kilograms from a blue plastic bag belonging to Girish Chandra Pandey, which were kept in a Baleno car bearing registration No. CG-10-BD/4999. Both the accused were arrested on the same day, and an FIR was registered against them. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant being MCRC No. 1363/2026 was rejected by this Hon’ble Court vide order dated 06.02.2026 on merits. He further submits that the applicant has been in jail since 31.07.2025 and has, therefore, undergone a substantial period of incarceration of nearly eleven months by the time this bail application is being considered. It is further submitted that the co-accused namely Dileshwar Nayak has been granted bail 3 by the Hon’ble Supreme Court in SLP (Crl.) No. 3229/2026 vide order dated 08.04.2026. and therefore, on the ground of parity, the present applicant also deserves to be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused person has already been granted bail by the Hon’ble Apex Court and the case of the present applicant is identical to that of the co-accused. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that this is the applicant’s second bail application and that the earlier application, MCRC No. 1363/2026 was rejected by this Court vide order dated 06.02.2026 on merits, further considering the fact that the applicant is in jail since 31.07.2025 and has thus undergone a substantial period of incarceration of nearly eleven months, further the co-accused namely Dileshwar Nayak has been granted bail by the Hon’ble Supreme Court in SLP (Crl.) No. 3229/2026 vide order dated 08.04.2026, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Deepak Ganda, involved in Crime No. 533/2025 registered at Police Station – Sakri, District – Bilaspur 4 (C.G.), for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing 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 her 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, 5 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. 9. 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 Rahul Dewangan