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2026 DAILYLAW 29584 (CHH)

LOKESH SAHU v. STATE OF CHHATTISGARH

MCRC/6799/2026 · 2026-07-27

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Judgment text

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1 CGHC010283072026 2026:CGHC:32337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6799 of 2026 Lokesh Sahu S/o Shri Ashok Sahu Aged About 28 Years Occupation Ambulance Driver, R/o Portha, Police Station And Tehsil Sakti, District - Sakti (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Chakradhar, Nagar, District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2026 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 274/2025 registered at Police Station – Chakradhar Nagar, District - Raigarh (C.G.) for the offence under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail application of the applicant being MCRC No. 8619 of 2025 was rejected on merits by this Court vide order dated 30.10.2025. 3. As per the prosecution story, on the basis of secret information received ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.29 16:49:44 +0530 2 from an informer, Assistant Sub-Inspector Aashiq Ratre of Police Station Chakradhar Nagar, on 21.06.2025, intercepted the co-accused persons and searched their Bullet motorcycle. During the search, the police allegedly found accused Manish Chandra transporting a total of 110 vials of banned intoxicating Wincerex Cough Syrup, each containing 100 ml, in a blue-coloured backpack. The syrup allegedly contained Codeine Phosphate I.P. 10 mg and Triprolidine Hydrochloride I.P. 1.25 mg per 100 ml, with a total quantity of 11,000 ml. Consequently, Crime No. 274/2025 was registered for the offence punishable under Section 21 of the NDPS Act, and the investigation was taken up. During the course of the investigation, on the basis of the memorandum statements of accused Manish Chandra and Nitin Chauhan, the present applicant, namely, Bhupendra Sahu, along with Aman Sahu and Lokesh Sahu, was also arrested. Upon completion of the investigation, the police filed the charge-sheet before the learned competent Court. 4. Learned counsel for the applicant submits that this is the second bail application on behalf of the present applicant, the first bail application, being MCRC No. 8619 of 2025, having been rejected on merits by this Court vide order dated 30.10.2025. He further submits that the present application has been preferred on a new ground, that out of 22 prosecution witnesses, only 16 have been examined till date. He submits that the applicant has been in judicial custody since 21.06.2026 and that the conclusion of the trial is likely to take considerable time. He further submits that the co-accused, namely, Aman Sahu, has already been granted regular bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No. 8371 of 2026 vide order dated 16.07.2026. Therefore, it is prayed that the applicant be granted regular bail on the ground of parity. 3 5. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, she could not dispute the fact that an identically situated co-accused has already been granted regular bail by Hon’ble the Supreme Court. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, particularly the fact that the charge-sheet has already been filed before the competent Court, and further considering that a similarly situated co-accused, namely Aman Sahu, has already been granted regular bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No. 8371 of 2026 vide order dated 16.07.2026, therefore, this Court is of the considered opinion that the applicant is also entitled to the grant of regular bail in the present case on the ground of parity. 8. Let the Applicant - Lokesh Sahu, involved in Crime No. 274/2025 registered at Police Station – Chakradhar Nagar, District - Raigarh (C.G.) for the offence under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two 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 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Abhishek