1 CGHC010206802026 2026:CGHC:31257 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5519 of 2026 1 - Prabhakar Pati S/o Shri Ravindra Kumar Aged About 37 Years R/o Village Lefaripada, District Sundargarh (Odisha) ... Applicant(s) versus 1 - State of Chhattisgarh Through Through Station House Officer, Police Station- Singhoda, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Ms. Anjali Pradhan, Advocate For Respondent(s)/State : Ms. Sameeksha Gupta, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in RUCHI YADAV Digitally signed by RUCHI YADAV 2 connection with Crime No. 29/2024 registered at Police Station Singhoda, District- Mahasamund (Chhattisgarh), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. The first bail application preferred by the applicant was dismissed by this Court vide order dated 14.07.2025 passed in MCRC No. 5275 of 2025. 3. The prosecution case, in brief, is that on 25.03.2024, acting upon secret information, the police of Police Station Singhoda, District Mahasamund (C.G.), received information that two persons were transporting contraband ganja in a Tata Truck bearing registration No. OD15 W9593. The information was duly recorded in the Rojnamcha, whereafter a search party was constituted and independent witnesses were associated with the proceedings. On reaching the spot, the driver of the vehicle allegedly attempted to flee but was apprehended by the police. During interrogation, he allegedly disclosed that he was transporting ganja from Sambalpur, Odisha to Gujarat. Upon search of the vehicle, the police allegedly recovered 150 packets of ganja, each weighing 1 kilogram, aggregating to a total quantity of 150 kilograms. On the basis of above offence was registered against the applicant and he was taken into custody. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further 3 submitted that the co-accused, Satyjeet Bhoi, has already been enlarged on bail by the Hon'ble Supreme Court in SLP (Crl.) No. 2401/2026 vide order dated 16.03.2026 and the present applicant is entitled to the benefit of parity. Learned counsel further submits that the charge-sheet has already been filed, the applicant has no criminal antecedents, has been in judicial custody since 25.03.2024, and the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicant be enlarged on regular bail. 5. On the other hand, learned State counsel opposes the bail application. However, he fairly submits that the applicant has no criminal antecedents and that the charge-sheet has already been filed. 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, particularly the fact that the co-accused, Satyjeet Bhoi, has already been enlarged on bail by the Hon'ble Supreme Court, the applicant claims parity with the said co-accused, the charge-sheet has already been filed, the applicant has no criminal antecedents as fairly submitted by the learned State counsel, the applicant has been in judicial custody since 25.03.2024, the conclusion of the trial is likely to take considerable time, and without expressing any opinion on the merits of the case, this Court is inclined to allow the 4 present bail application. Accordingly, the bail application is allowed. 8. Let the Applicant – Prabhakar Pati involved in Crime No.- 29/2024 registered at Police Station Singhoda, District- Mahasamund (Chhattisgarh), for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), be released on bail on furnishing 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 5 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 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 Ruchi