1 CGHC010197632026 2026:CGHC:30765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4617 of 2026 Shahid @ Gulab Khan S/o Zahid Khan Aged About 40 Years R/o Kanika Hemgir Road, Police Station And Distt.- Sundergarh (Orissa) --- Applicant(s) versus State Of Chhattisgarh Through SHO, Police Station- Akaltara, Distt.- Janjgir-Champa (C.G.) --- Non-applicant(s) For Applicant : Mr. Vaibhav A. Goverdhan, Advocate. For Non-applicants/State : Ms. Palak Dwivedi, Panel Lawyer. MCRC No. 4709 of 2026 Bhaskar Rathore S/o Late Shri Binda Rathore Aged About 54 Years R/o Ward No. 14, Vill.- Saragaon, P.S. Saragaon, Distt.- Janjgir-Champa (C.G.)(Complete Address Not Mentioned In Cause Title Of The Impugned Order) ---Applicant(s) Versus State Of Chhattisgarh Through- P.S. Akaltara, Distt.- Janjgir-Champa (C.G.) --- Non-applicant(s) For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicants/State : Ms. Palak Dwivedi, Panel Lawyer. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 MCRC No. 4600 of 2026 Abhishek Suryavanshi S/o- Ramkumar Suryavanshi Aged About 21 Years R/o- Saragaon, Thana Saragaon, District- Janjgir Champa (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through District Magistrate, District- Janjgir- Champa (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicants/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/07/2026 1. Since all the the bail applications are arising out of same incidents registered at same police station and the same offences, so they are being heard and decided by this common order. 2. The applicants have preferred these First Bail Applications under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.98/2026, registered at Police Station Akaltara, District: Janjgir-Champa (C.G.) for the offence punishable under Section 20(b) of NDPS Act. 3. As per the case of the prosecution, on 20.02.2026, the Sub- Inspector of Police Station Akaltara received a secret information through a mobile phone from an informant that two persons were standing near the toilet of Akaltara Railway Station carrying two bags containing a huge quantity of contraband Ganja. Acting upon the said information, the police party along with independent 3 witnesses reached the spot and found two persons in possession of two bags. On enquiry, one of them disclosed his name as Abhishek Suryavanshi, while the other was found to be a child in conflict with law. After complying with the mandatory provisions of the NDPS Act and informing them about the secret information, the bags in their possession were searched. During the search, three packets wrapped in khaki coloured plastic sheets were recovered from a black coloured backpack and further packets of contraband Ganja wrapped in khaki coloured plastic sheets were recovered from another black coloured backpack. As the accused persons failed to produce any valid licence or document authorising possession of the said contraband, the same was seized in accordance with law. During investigation, applicant Abhishek Suryavanshi, in his memorandum statement, disclosed that he used to work at the Dhaba of co-accused Bhaskar Rathore situated at Saragaon. During the course of his employment, Bhaskar Rathore introduced him to co-accused/applicant Shahid @ Gulab Khan, resident of Belpahar, Odisha, and provided him with mobile number 9556735375. Thereafter, he used to contact Shahid @ Gulab Khan, travel to Belpahar, Odisha, procure Ganja from him and deliver the same to Bhaskar Rathore, who in turn used to sell the contraband. He further disclosed that on 20.02.2026, he took his cousin, who is a child in conflict with law, to Belpahar on the pretext of going to Raigarh. After contacting Shahid @ Gulab Khan, he received five packets of Ganja kept in two black coloured bags for 4 the purpose of sale and informed the child in conflict with law about the contents of the bags. Thereafter, they purchased railway tickets from Belpahar to Champa and, noticing police presence at Champa and Naila Railway Stations, deboarded at Akaltara Railway Station where they were apprehended. On the basis of the aforesaid memorandum statement of applicant/accused Abhishek Suryavanshi, 5.161 kilograms of Ganja, two backpacks, one plastic bag, one railway ticket dated 20.02.2026 from Belpahar (Odisha) to Champa and one Vivo mobile phone were seized. During further investigation, it was revealed that applicant/accused Abhishek Suryavanshi had procured the contraband Ganja from co- accused/applicant Shahid @ Gulab Khan at Himgir, Odisha, on the instructions of co-accused Bhaskar Rathore, to whom the contraband was to be delivered. The Call Detail Records (CDR) of mobile number 6267324013 belonging to Abhishek Suryavanshi and mobile number 9556735375 belonging to Shahid @ Gulab Khan were obtained, which allegedly revealed continuous telephonic conversations between them, including one day prior to and one day after the date of the incident i.e. 20.02.2026. The CDR further disclosed telephonic conversations between Bhaskar Rathore and Shahid @ Gulab Khan. During investigation, accused/applicant Shahid @ Gulab Khan, in his memorandum statement, disclosed that he had known Bhaskar Rathore, a resident of Saragaon, for the last two to three years and that Bhaskar Rathore used to purchase Ganja from him through mobile numbers 6264762212 and 9340150238. He further disclosed that 5 about two to three months prior to the incident, Bhaskar Rathore had introduced accused Abhishek Suryavanshi to him, after which Abhishek Suryavanshi also started purchasing Ganja from him. He further stated that on 20.02.2026, Abhishek Suryavanshi came to him along with another boy and purchased Ganja from him, and that they used to communicate through Abhishek Suryavanshi's mobile number 6267324013. He further disclosed that he used to procure Ganja from one Puran Pradhan @ Purna, resident of Village Redakol, District Sambalpur, Odisha, and thereafter sell the same. On the basis of the said memorandum statement, one Vivo T-2X mobile phone containing SIM cards bearing numbers 9556735375 and 7894071472 was seized from the possession of Shahid @ Gulab Khan. Accordingly, aforesaid offence was registered against the accused persons. 4. Learned counsel for the applicants submit that the applicants have been falsely implicated in the present case. They further submits that no contraband has been recovered from the conscious and exclusive possession of the applicants and the applicants Shahid @ Gulab Khan and Bhaskar Rathore have been implicated only on the basis of the memorandum statements of the co-accused. It is further submitted that applicant Bhaskar Rathore was not present at the spot and he has been arrested subsequently from his house. Learned counsel further submits that the mandatory provisions of the NDPS Act have not been duly complied with by the prosecution. It is also submitted that the quantity of contraband allegedly seized in the present case is 5.161 kilograms of Ganja, 6 which is below the commercial quantity prescribed under the NDPS Act and, therefore, the rigours of Section 37 of the NDPS Act are not attracted. They further submits that the investigation has already been completed, charge-sheet has been filed and no further custodial interrogation of the applicants is required. The applicants are in judicial custody since 27.02.2026 (Shahid @ Gulab Khan), 16.03.2026 (Bhaskar Rathore) and 20.02.2026 (Abhishek Suryavanshi) respectively, and the conclusion of the trial is likely to take considerable time. So far as the criminal antecedents of the applicants are concerned, applicant Shahid @ Gulab Khan has no criminal antecedents. Applicant Bhaskar Rathore has four criminal antecedents, however, he has already been acquitted in all the said cases. Applicant Abhishek Suryavanshi has one criminal antecedent relating to an offence under the Excise Act of the year 2025, which is still pending consideration. The criminal antecedents of all the applicants have been duly explained in the respective bail applications. Therefore, it is prayed that the applicants be enlarged on regular bail. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail applications and submits that during investigation, co-accused Abhishek Suryavanshi was found in conscious possession of 5.161 kilograms of contraband Ganja, which was seized from his possession in accordance with law. She submits that in his memorandum statement, co-accused Abhishek Suryavanshi specifically disclosed that he had procured the said contraband from applicant Shahid @ Gulab Khan at Belpahar, 7 Odisha, on the instructions of applicant Bhaskar Rathore, to whom the contraband was to be delivered for further sale. Learned State counsel further submits that the Call Detail Records (CDR) of the mobile phones of Abhishek Suryavanshi, Shahid @ Gulab Khan and Bhaskar Rathore reveal frequent telephonic conversations amongst them, including on the date of the incident and immediately before and after the occurrence, thereby corroborating the prosecution case. It is further submitted that applicant Shahid @ Gulab Khan, in his memorandum statement, has admitted that he was acquainted with applicant Bhaskar Rathore for the last two to three years, that Bhaskar Rathore used to purchase Ganja from him and that on the date of the incident, Abhishek Suryavanshi had come to him and purchased the contraband Ganja. He also disclosed the source from whom he used to procure the contraband. It is submitted that the memorandum statements, the recoveries made pursuant thereto, the Call Detail Records and the other material collected during investigation clearly establish the involvement of all the three applicants in the commission of the alleged offence. So far as the criminal antecedents are concerned, applicant Shahid @ Gulab Khan has no criminal antecedents, applicant Bhaskar Rathore has four criminal antecedents, though he has been acquitted in all the said cases and applicant Abhishek Suryavanshi has one criminal antecedent relating to an offence under the Excise Act registered in the year 2025, which is still pending. Therefore, considering the nature and gravity of the offence and the material available on record, learned State counsel 8 prays for rejection of the present bail applications. 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, nature of allegations, the fact that the quantity of contraband allegedly seized in the present case is 5.161 kilograms of Ganja, which is an intermediate quantity and the fact that the investigation has been completed and charge-sheet has already been filed, no further custodial interrogation of the applicants is required, the period of detention of applicant Shahid @ Gulab Khan since 27.02.2026, applicant Bhaskar Rathore since 16.03.2026 and applicant Abhishek Suryavanshi since 20.02.2026 and the fact that the trial is likely to take considerable time for its conclusion, coupled with the fact that so far as the criminal antecedents are concerned, applicant Shahid @ Gulab Khan has no criminal antecedents, applicant Bhaskar Rathore has four criminal antecedents in all of which he has already been acquitted and applicant Abhishek Suryavanshi has one criminal antecedent relating to an offence under the Excise Act of the year 2025, which is pending and the same has been duly explained in the bail application, thus without commenting anything on the merits of the case, I am inclined to allow these first bail applications. 8. Accordingly, the bail applications of the applicants are allowed. 9. Let Applicants- Bhaskar Rathore and Abhishek Suryavanshi, involved in Crime No.98/2026, registered at Police Station 9 Akaltara, District: Janjgir-Champa (C.G.) for the offence punishable under Section 20(b) of NDPS Act, be released on bail on their furnishing a personal bond with two sureties (each) and applicant- Shahid @ Gulab Khan, be released on bail on his furnishing a personal bond with two local sureties 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. (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 misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 10 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 deliberated 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. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal