1 CGHC010240532026 2026:CGHC:28207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6075 of 2026 Md Rajul Ansari S/o- Mukhtar Ansari, Aged About 27 Years R/o- Aryan Marg Near Tausiq Mutton Shop, Mominpura, Police Station- Ambikapur, District- Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer (S H O) Police Station Ambikapur, District- Surguja (C.G.) ... Non-applicant(s) For Applicant : Mr. Gopal Swaroop Gupta, Advocate For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 551/2025 registered at Police Station Ambikapur, District - Sarguja (C.G.), for the offence punishable under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that during the course of investigation of Crime No. 531/2025 registered at Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Ambikapur regarding the theft of a brass elephant statue from Kothighar, it was revealed that the sale proceeds of the stolen property had been utilized for purchasing narcotic injections from Daltonganj, Jharkhand. Acting on the information collected during investigation, the police allegedly recovered 100 Buprenorphine (T- Gesic) injections of 2 ml each (total 200 ml) and 100 Pheniramine Maleate (Avil) injections of 10 ml each (total 1000 ml), constituting commercial quantity under the N.D.P.S. Act. On the basis of the said recovery, Crime No. 551/2025 was registered against the present applicant and other co-accused for the offences punishable under Sections 21(C) and 29 of the N.D.P.S. Act. During investigation, the applicant was arrested and after completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that while the applicant was already in police custody in connection with Crime No. 531/2025, the present N.D.P.S. case came to be registered after several hours of interrogation, thereby casting serious doubt on the genuineness of the alleged recovery. It is further submitted that in the connected case arising out of the alleged theft of the brass elephant statue, the applicant has already been acquitted by the learned Judicial Magistrate First Class, Ambikapur vide judgment dated 31.01.2026. Learned counsel further submits that the applicant has remained in judicial custody since 08.08.2025 and out of 12 prosecution witnesses, 7 have 3 already been examined and several material prosecution witnesses have not supported the prosecution case, while the conclusion of the trial is likely to take considerable time. It is further submitted that the co-accused, namely Imran Malik, has already been enlarged on bail by the Hon'ble Supreme Court in SLP (Crl.) No. 6143/2026 vide order dated 18.05.2026 and, therefore, the present applicant is also entitled to the benefit of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the quantity of contraband allegedly recovered in the present case, i.e., 100 Buprenorphine (T-Gesic) injections (2 ml each) and 100 Pheniramine Maleate (Avil) injections (10 ml each), is above the commercial quantity.It is further submitted that the investigation has been completed and charge- sheet has already been filed before the competent Court. He further submits that although the co-accused Imran Malik was granted bail by the Hon'ble Supreme Court but his subsequent bail application before this Court has already been dismissed in MCRC No. 5937/2026 vide order dated 07.07.2026. It is, therefore, submitted that the applicant cannot claim the benefit of parity and no case for grant of bail is made out. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations and the fact that the quantity of contraband allegedly recovered in the present case is above the commercial quantity and the material collected during the course of 4 investigation and further considering that the bail application of the co-accused has already been dismissed by this Court in MCRC No. 5937/2026 vide order dated 06.07.2026, this Court does not find any reasonable ground at this stage to believe that the applicant is not guilty of the alleged offence or that he is not likely to commit any offence while on bail. Accordingly, without expressing any opinion on the merits of the case, this Court is not inclined to extend the benefit of regular bail to the applicant. 7. Accordingly, the bail application of the applicant – Md Rajul Ansari filed under Section 483 of the B.N.S.S., involved in Crime No. 551/2025 registered at Police Station Ambikapur, District - Sarguja (C.G.), for the offence punishable under Section 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 8. Needless to say that the trial concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Kunal