1 CGHC010261282026 2026:CGHC:30183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6353 of 2026 Bhagwan Sethi S/o Shri Shyam Sethi Aged About 26 Years R/o Narla, P.S.- Narla, Distt. - Kalahandi, (Odisha) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Ambikapur, District Surguja, C.G. ... Non-Applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2026 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 656/2025 registered at Police Station - Ambikapur, District Surguja (C.G.), for the offence punishable under Section 20(B)(ii)(b) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail application of the applicant being MCRC No. 3157 of 2026 was rejected by this Court vide order dated 08.04.2026 on the ground that he has one previous criminal antecedent of the similar nature which is pending. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The prosecution case, in brief, is that on 15.09.2025, acting upon a credible secret information received by the police to the effect that two persons were present behind Satguru Kabir Ashram, New Bus Stand, in possession of ganja kept in white-coloured sacks and were attempting to sell the same to prospective customers, the police party proceeded to the spot and apprehended the said persons. Upon being questioned, they failed to furnish any satisfactory explanation regarding their presence and possession of the sacks. After complying with the requisite legal formalities, the police conducted a search of the sacks, during which 6.500 kilograms of ganja was allegedly recovered and seized. Consequently, the co-accused persons were arrested and a crime was registered. During the course of investigation, memorandum statements of the co-accused persons were recorded under Section 27 of the Evidence Act, wherein co-accused Gurucharan allegedly disclosed the name of the present applicant. On the basis of the said disclosure statement, the present applicant was implicated in the case with the allegation that he had supplied the seized ganja to co-accused Gurucharan, who thereafter sold the same to other persons. Accordingly, the present applicant was arrested on 02.11.2025 by the police of Police Station Ambikapur and has remained in judicial custody since then. Upon completion of investigation, the charge-sheet has been filed before the competent Court. 4. Learned counsel for the applicant submits that this is the second application for grant of bail. The first bail application was dismissed 3 on merits vide order dated 08.04.2026 primarily on the ground that the applicant had a criminal antecedent of a similar nature. It is submitted that, even in the present case as well as in the alleged previous case, no contraband substance was recovered or seized from the possession of the applicant. The entire prosecution case against the applicant rests solely on the memorandum statements of the co-accused persons, from whose possession 6.500 kilograms of ganja was allegedly recovered. He further submits that the name of the applicant does not find place either in the FIR or in the seizure proceedings and that he has been implicated only on the basis of the disclosure statement made by the co-accused. It is contended that the co-accused Gurucharan Yadav and Ashutosh Sharma, from whose possession the contraband was actually seized, have already been enlarged on bail by this Hon’ble Court vide order dated 23.02.2026 passed in M.Cr.C. No. 10113/2025, and, therefore, the present applicant stands on a better footing than the said co-accused. He further submits that the alleged recovery was effected on 15.09.2025 from the co-accused persons and their memorandum statements were recorded on 11.10.2025, wherein it was merely stated that the contraband had been procured from a person known as “Sethi”; thereafter, on the basis of the said memorandum statement alone, the applicant was formally arrested on 02.11.2025 while he was already in custody in connection with Crime No. 188/2025 registered at Police Station Basantpur, District Balrampur. He also submits that the applicant is in jail since 02.11.2025, the charge-sheet has been filed before the competent 4 Court and conclusion of the trial may take some time, therefore, he prays for grant of second regular bail to the present applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the nature and gravity of the allegations, the material collected during investigation, and the fact that though the co- accused persons, from whose possession the contraband was seized, have been granted bail by this Court vide order dated 23.02.2026, on the ground that they have no criminal antecedents of the similar nature, the case of the present applicant stands on a different footing. The record reveals that, unlike the said co- accused, the present applicant has one criminal antecedents of a similar nature, which is still pending consideration before the competent Court. Thus, the plea of parity is not available to the applicant, and further it appears that no new ground has been raised in this second bail application. Hence, this second bail application of the present applicant is rejected. 8. Accordingly, the bail application of the applicant – Bhagwan Sethi, involved in Crime No. 656/2025 registered at Police Station - Ambikapur, District Surguja (C.G.), for the offence punishable under Section 20(B)(ii)(b) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 5 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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