1 2026:CGHC:27287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3139 of 2026 Gopal Bhoy S/o Shamil Bhoy Aged About 33 Years R/o Village Jaargaon (Dyadera) Thana Rengali Post Kankatura District- Jharsuguda, (Odisha) ... Applicant versus State of Chhattisgarh Through The Station House Officer Police Station City Kotwali (Raigarh), District-Raigarh(C.G.) ... Non-Applicant For Applicant : Mr. Shyam Manohar, Advocate appears through video conferencing along with Mr. Khilendra Sahu, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2026 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. 18/2025, registered at Police Station- City Kotwali, District- Raigarh, (C.G.) for the offence punishable under Sections 20-B,and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘NDPS Act’). 2. The earlier bail application of the applicant being MCRC No. 3662/2025 was rejected by this Court vide order dated 09.05.2025 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 on merits. 3. Case of the prosecution, in brief, is that on 09/01/2024 the police authority on receiving secret information received from the informant, that in total 4 vehicles i.e. Grey color swift desire car bearing registration no. C.G 13 AJ 5963, creta (C.G 12 BC 9751), tigor (C.G 13 AJ 8958) and creta (O.D 13 E 4047) cars owned by main accused Mahendra Singh along with Harjeet Singh and Kishan Kashyap were found on the spot i.e. Chandmari Square, Circuit House Raigarh and the rented house of the co-accused in Bande Ali Fatima Nagar House No. HIG-44 where the police found and seized a total of 111 kg of Ganja. It is further alleged that on the basis of memorandum of the co- accused the present applicant was made accused. Therefore the applicant has been arrested. There after the Police authority has registered a case against the applicant and other accused. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant being MCRC No. 3662/2025 was rejected by this Hon’ble Court vide order dated 09.05.2025 on merits. He further submits that the earlier bail application of another co-accused namely Ajay Kumar Chouhan, being MCRC No. 3794/2025 was rejected by this Court vide order dated 09.06.2025 on merits, against which he preferred a regular bail application before the Hon’ble Apex Court as SLP (Cr.) No. 1318/2026, and the Hon’ble Apex Court granted bail to him vide order dated 16.03.2026. He also submits that the applicant has no previous criminal antecedents and he is in jail since 09.01.2025, the 3 charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of second bail to the applicant on the ground of parity. 5. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the 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 Supreme 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. 3662/2025 was rejected by this Court vide order dated 09.05.2025 on merits, further considering the fact that the earlier bail application of another co-accused namely Ajay Kumar Chouhan, being MCRC No. 3794/2025 was also rejected by this Court vide order dated 09.06.2025 on merits, against which he preferred a regular bail application before the Hon’ble Apex Court as SLP (Cr.) No. 1318/2026, and the Hon’ble Apex Court granted bail to him vide order dated 16.03.2026, further the applicant has no previous criminal antecedents and he is in jail since 09.01.2025, the charge-sheet has been filed, therefore, this Court is of the view that the applicant is also entitled to be released on second bail on the ground of parity. 4 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Gopal Bhoy, involved in Crime No. 18/2025, registered at Police Station- City Kotwali, District- Raigarh, (C.G.) for the offence punishable under Sections 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 5 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. 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