1 CGHC010223782026 2026:CGHC:30662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6445 of 2026 Golu Gupta S/o Late Omprakash Gupta Aged About 24 Years R/o Village Godarmana, P/s Ranka, Distt. Garhwa, Jharkhand ... Applicant versus State of Chhattisgarh Through Police of Police Station Ramanujganj, Distt. Balrampur-Ramanujganj, Chhattisgarh .. Non-Applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 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. 60/2025, registered at Police Station – Ramanujganj, District - Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act'). 2. Earlier bail application of the applicant was rejected by this Court on 18.11.2025 passed in MCRC No. 6964/2025. 3. As per the prosecution case, in brief, on 25.04.2025, acting upon information received from an informant, the police of Police Station Ramanujganj, District Balrampur-Ramanujganj (C.G.), recovered 25 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.21 14:57:57 +0530 2 ampoules of Buprenorphine Injection IP 0.3 mg/ml (Rexogesic Company), packed in five plastic strips containing five ampoules each (2 ml), and 22 vials of Pheniramine Maleate Injection IP (Avil) 10 ml from the possession of co-accused Rishikesh Gupta. Further, 20 ampoules of Buprenorphine Injection IP 0.3 mg/ml (packed in four plastic strips containing five ampoules each, 2 ml) and 22 vials of Pheniramine Maleate Injection IP (Avil) 10 ml were recovered from the possession of a child in conflict with law, namely, Devraj Ekka. During the course of investigation, the memorandum statement of co-accused Rishikesh Gupta was recorded on 25.04.2025, wherein he stated that he, along with his friend Devraj Ekka, had gone to Godarmana and purchased the aforesaid contraband from the present applicant, namely, Golu Gupta. Thereafter, the memorandum statement of the present applicant, Golu Gupta, was recorded on 25.06.2025, wherein he stated that he had procured the said contraband from co-accused Munna Paswan. Subsequently, the memorandum statement of co-accused Munna Paswan was recorded on 16.07.2025, wherein he stated that he had purchased the contraband from one Sujeet Kumar. Thus, the present applicant has been implicated in the present case solely on the basis of the memorandum statements of the co-accused persons. After completion of the investigation, the police of Police Station Ramanujganj filed the charge-sheet against the main accused, Rishikesh Gupta @ Raja, along with three other co-accused persons. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant was rejected by this Court on 18.11.2025 passed in MCRC No. 6964/2025 on merits. He further submits that the earlier bail application of another co-accused namely Sujeet Kumar @ Kanchan was rejected by this Court vide order 3 dated 18.11.2025 on merits, against which he preferred a regular bail application before the Hon'ble Apex Court as SLP (Cr.) No. 6529/2026, and the Hon'ble Apex Court granted bail to him vide order dated 08.05.2026 on the ground that there is no incriminating recovery from him. He also submits that the name of the applicant came to light on the basis of the memorandum statement of the co-accused, further the applicant has no previous criminal antecedents and he is in jail since 25.06.2025, the 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 and submits that the charge-sheet has already been filed before the competent Court. However, he could not dispute the fact that one of the co-accused person has been granted bail by the Hon'ble Supreme Court and that the case of the present applicant is identical to that of the said co-accused persons. 6. I Heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the facts and circumstances of the case that this is the applicant's second bail application and earlier bail application of the applicant was rejected by this Court on 18.11.2025 passed in MCRC No. 6964/2025 on merits, further the earlier bail application of another co-accused namely Sujeet Kumar @ Kanchan was rejected by this Court vide order dated 18.11.2025 on merits, against which he preferred a regular bail application before the Hon'ble Apex Court as SLP (Cr.) No. 6529/2026, and the Hon'ble Apex Court granted bail to him vide order dated 08.05.2026 on the ground that there is no incriminating recovery from him, also considering the fact that the name of the applicant came to 4 light on the basis of the memorandum statement of the co-accused, further the applicant has no previous criminal antecedents and he is in jail since 25.06.2025, this Court is of the view that the applicant is also entitled to be released on second bail on the ground of parity. 8. Accordingly, the second bail application is allowed. Let the applicant - Golu Gupta involved in Crime No. 60/2025, registered at Police Station – Ramanujganj, District - Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act'), 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 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 his 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 accordance with law, under Section 209 of 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-- (Ramesh Sinha) Chief Justice Preeti