1 CGHC010187752026 2026:CGHC:2946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4415 of 2026 1. Rajat Kumar S/o Shri Kamlesh Kumar Aged About 27 Years Caste- Jaiswal, Aged About 27 Years, R/o- Village- Mishirpara (Wrongly Mention In Order As Mishreepara), Police Station- Karanji, District- Surajpur (C.G.), Presently R/o- Parvat Nagar Borabanda, Police Station- Allapur, District- Medchal Malkajgiri, Hyderabad, Telangana. 2. Bendula Vasu S/o B. Nagendra Aged About 26 Years R/o- Parvat Nagar Borabanda, Police Station- Allapur, District- Medchal Malkajgiri, Hyderabad, Telangana. ... Applicants versus State of Chhattisgarh Through Police Station - Chirimiri, District- Manendragarh-Chirimiri-Bharatpur, (C.G.) ... Non-applicant MCRC No. 4645 of 2026 Shiv Shankar S/o Ram,charan Rajwade, Aged About 23 Years R/o Village Saiba Meko Rajwaripara P.S. Baikunthpur District Korea (C.G.) ---Applicant Versus The State of Chhattisgarh Through - S.H.O. Police Statoin Chirimiri District M.C.B. (C.G.) --- Non-applicant For Applicants in MCRC No. 4415 of 2026 : Mr. Pawan Shrivastava, Advocate. For Applicant in MCRC No. 4645 of 2026 : Mr. Ghanshyam Sharma, Advocate For Non-applicant/State : Mr. Sumit Singh, Dy. Advocate General ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.14 17:02:02 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.07.2026 1. These are the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 240/2025 registered at Police Station - Chirimiri, District – Manendragarh – Chirimiri – Bharatpur (C.G.) for the offence under Section 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution story, in brief, is that on 07.10.2025, Assistant Sub- Inspector Naeem Khan of Police Station Chirimiri received secret information from an informant that Shekh Altaf and Kishan Rajak, residents of Haldibadi, were searching for customers to sell intoxicating injections at Hiragir, Haldibadi. Acting upon the said information, Assistant Sub-Inspector Naeem Khan, along with the accompanying police staff and independent witnesses, conducted a raid. During the raid, 09 Rexogesic injections of 2 ml each (containing Buprenorphine), totalling 18 ml, and 10 Spasmonil tablets were allegedly recovered and seized from the possession of co-accused Shekh Altaf. Similarly, 10 Pheniramine injections of 2 ml each, totalling 20 ml, 12 Lijesik Brufen injections of 2 ml each (containing Buprenorphine), totalling 24 ml, and 17 Avil injections of 10 ml each were allegedly recovered and seized from the possession of co-accused Kishan Rajak. The prosecution alleges that the total quantity of the seized substances constituted a commercial quantity. During interrogation, co-accused Shekh Altaf and Kishan Rajak, in their memorandum statements, allegedly disclosed that 3 they had purchased the seized injections from accused Shivshankar Rajwade, a resident of Meko Parcha, and accused Shubham Yadav, a resident of Manendragarh, for the purpose of selling the same. Thereafter, when accused Shubham Yadav was interrogated, he allegedly stated in his memorandum statement that he had purchased the seized contraband from co-accused Rasal Ekka. Subsequently, during interrogation, accused Rasal Ekka allegedly stated in his memorandum statement that he had sold the seized contraband to co- accused Shubham Yadav and that the sale proceeds were deposited into his bank accounts maintained with IDBI Bank, Ambikapur, and IDFC First Bank, Ambikapur, as well as into the bank accounts of co-accused Shubham Yadav maintained with HDFC Bank, Hasan Nagar, Haryana, co-accused Bendula Vasu maintained with Canara Bank and IndusInd Bank, Hyderabad, co-accused Rajat Kumar maintained with Kotak Mahindra Bank, Hyderabad, and other accounts maintained with Axis Bank, Manendragarh, Chhattisgarh, and Chhattisgarh Gramin Bank, Batara, Bhaiyathan, District Surajpur. It was further alleged that the sale proceeds were continuously credited to the aforesaid accounts. Thereafter, when the present applicants/accused Bendula Vasu and Rajat Kumar Jaiswal were interrogated, they allegedly stated in their memorandum statements that they had provided their QR codes and ATM cards to co-accused Rasal Ekka for operating their respective bank accounts. After completing the necessary formalities, the police of Police Station Chirimiri registered the FIR against the present Applicants for the offences punishable under Sections 22(c) and 29 of the NDPS Act. 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. It is argued that no 4 narcotic drug or psychotropic substance was recovered or seized from the possession of the applicants. The alleged contraband was recovered solely from the possession of the main accused, namely Shekh Altaf and Kishan Rajak. Therefore, no offence, as alleged, is made out against the present applicants. It is further submitted that both the main accused have already been enlarged on bail by the learned trial Court. He submits that there is no prima facie evidence available against the present applicants for the alleged offences. In particular, no material is available to attract the offence punishable under Section 29 of the NDPS Act, as there is no evidence to establish that the alleged bank transactions are connected with the seized drug injections. The entire case against the applicants is based solely on the memorandum statement of the co-accused and the bank transactions reflected in the applicants’ bank accounts. Applicant No. 1 is employed as a Graphic Designer with Warrous Pvt. Ltd., Hyderabad, and also works as a freelance graphic designer, drone videographer, and trainer in graphic designing. Applicant No. 2 is employed as an Assistant Manager at The Glass House Hotel, Hyderabad. Owing to the nature of their professions, numerous transactions are reflected in their bank accounts, particularly through UPI and other digital modes of payment. Both the Applicants have a respectable social standing, earn their livelihood through lawful means, and have no previous criminal antecedents. He submits that the present applicants have been implicated solely on the basis of the memorandum statement of co-accused Rasal Ekka, who allegedly stated that the sale proceeds of the seized contraband were deposited into the bank accounts of the applicants. However, there is no evidence to show that any transaction between the co-accused and the applicants was connected with the alleged seized contraband. No bank transaction 5 between the present applicants and the other co-accused took place on or around the date of the alleged incident. The prosecution has merely presumed that certain transactions made either much before or much after the alleged incident relate to the seized contraband. In fact, co- accused Rasal Ekka also resides in Hyderabad and is engaged in the business of operating cabs along with the present applicants. It is argued that the amounts deposited by him into the applicants’ bank accounts were in connection with the purchase of vehicles for the said cab business. It is further argued that according to the prosecution, the amounts were transferred into the bank accounts of the present applicants from Chirimiri and Manendragarh. However, the bank statements of the applicants do not disclose any such transactions originating from Chirimiri or Manendragarh. This clearly demonstrates that the present applicants have been falsely implicated in the case. The allegation that the applicants were implicated because they did not fulfil an illegal demand for money by the police is a matter requiring proof and shall be established during the course of trial. It is submitted that the prosecution has alleged that the co-accused used the ATM cards and QR codes of the present aplicants. However, the documents forming part of the charge-sheet clearly show that the ATM cards and QR codes linked to the applicants’ bank accounts were not used by the co-accused during the relevant period or on the date of the alleged incident. Therefore, it cannot be concluded that the alleged bank transactions were connected with the seized contraband. It is further submitted by the learned counsel for the applicant that the applicants have no criminal antecedents. They further submit that the applicants are in jail since 22.12.2025 and 25.02.2026 respectively, conclusion of the trial is likely 6 to take quite long time. Therefore, they pray for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that, in compliance with the order dated 12.05.2026 passed by this Court, the Investigating Officer has filed a personal affidavit. The affidavit reveals that, acting on secret information received on 07.10.2025, the police conducted a raid and recovered commercial quantities of Buprenorphine injections and other intoxicating medicines from the possession of co-accused Sheikh Altaf and Kishan Rajak. During the course of the investigation, the memorandum statements of the co- accused disclosed the names of several persons, including the present applicants, as being involved in the supply chain of the seized contraband. The investigation further revealed that the sale proceeds of the contraband were regularly transferred to the bank accounts of the present applicants and other co-accused. It is also alleged that the present applicants had provided their bank account details, QR codes, and ATM cards to co-accused Rasal Ekka for facilitating the transactions. Thus, the material collected during the investigation prima facie indicates the involvement of the present applicants in an organised illegal trade of narcotic and psychotropic substances. Therefore, learned counsel for the State submits that the applicants are not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the rival submissions advanced by learned counsel for the parties, the material 7 available on record, and without expressing any opinion on the merits of the case, particularly the fact that no narcotic drug or psychotropic substance was recovered from the possession of the present applicants, that their alleged involvement is primarily based on the memorandum statements of the co-accused and the bank transactions relied upon by the prosecution, the evidentiary value of which shall be examined during the course of trial and further the fact that the charge-sheet has already been filed, the principal accused, namely, Shekh Altaf and Kishan Rajak, from whose possession the contraband was recovered have already been enlarged on bail by the concerned trial Court, the applicants have no criminal antecedents, have been in judicial custody since 22.12.2025 and 26.02.2026 respectively, and the conclusion of the trial is likely to take considerable time, therefore, this Court is of the view that the applicants are entitled to be released on bail. 7. Let the Applicants - Rajat Kumar and Bendula Vasu in MCRC No. 4415 of 2026 and Applicant – Shiv Shankar, involved in Crime No. 240/2025 registered at Police Station - Chirimiri, District – Manendragarh – Chirimiri – Bharatpur (C.G.) for the offence under Section 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local sureties (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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. 8 (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Abhishek