1 CGHC010200132026 2026:CGHC:32892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6287 of 2026 Madhu Choudhari W/o Santosh Choudhari Aged About 35 Years R/o Raipura District Katni (Madhya Pradesh) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Kotwali, Raigarh, District Raigarh, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Ajay Pal Singh, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2026 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. 18/2025 registered at Police Station- Kotwali, Raigarh, District- Raigarh (C.G.) for the offence punishable under Sections 20(B) and 29 of NDPS Act. 2. The first bail application of the applicant being MCRC No. 2870/2025 was rejected by this Court vide order dated 15.04.2025, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 on merits. Hence, this second bail application. 3. The case of the prosecution, in brief, is that on 09.01.2025, acting upon secret information received from an informer, the police intercepted three vehicles, namely, a Grey Colour Swift Dzire bearing Registration No. CG-13-UC-5963, a Creta and a Tata Tigor near Chandmari Square, Circuit House, Raigarh. During search, a total quantity of 111 kilograms of Ganja was allegedly recovered collectively from the said three vehicles. During investigation, the memorandum statement of the main accused, Mahendra Singh, was recorded wherein he disclosed that the present applicant had come to Raigarh and stayed in a lodge for the purpose of purchasing Ganja. On the basis of the said memorandum statement, the present applicant was implicated in the case and was arrested on 11.01.2025. After completion of investigation, charge-sheet has been filed before the competent Court. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits. He submits that the present is the second bail application and the new grounds urged are that no contraband has been recovered from the possession of the applicant, nor is she the owner or occupant of any of the vehicles from which the alleged recovery of Ganja was made. It is further submitted that the applicant has been implicated solely on the basis of the memorandum statement of the main accused Mahendra Singh and there is no other incriminating material against her in the entire charge-sheet. Learned counsel further submits that out of 16 prosecution witnesses, 9 prosecution witnesses have 3 already been examined before the trial Court and all of them have turned hostile, thereby substantially weakening the prosecution case. It is also submitted that three co-accused persons, namely, Gopal Bhoy, Kishan Kashyap @ Krishna Kumar and Mahendra Singh have already been granted regular bail by this Court in MCRC No.3139/2026, MCRC No.2876/2026 and MCRC No.6189/2026 vide orders dated 02.07.2026, 02.07.2026 and 13.07.2026, respectively, and the case of the present applicant stands on a better footing than that of the said co-accused. It is further submitted that the applicant is a 35-year-old lady, has no criminal antecedents, is in judicial custody since 11.01.2025, the investigation is complete, charge-sheet has already been filed and the trial is likely to take considerable time for its conclusion. Hence, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the first bail application of the applicant has already been rejected by this Court on merits and there is no substantial change in circumstances warranting reconsideration of the prayer for bail. He submits that though no recovery has been made from the possession of the applicant but the prosecution case discloses her involvement in an organised crime relating to recovery of 111 kilograms of Ganja, which is much above the commercial quantity. However, he fairly submits that three co-accused persons, namely, Gopal Bhoy, Kishan Kashyap @ Krishna Kumar and Mahendra Singh have already been granted bail by this Court in MCRC No.3139/2026, MCRC No.2876/2026 4 and MCRC No.6189/2026 vide orders dated 02.07.2026, 02.07.2026 and 13.07.2026, respectively, could not dispute the said fact. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions advanced by learned counsel for the parties and upon perusal of the case diary, this Court finds that the first bail application of the present applicant was rejected on merits by this Court in MCRC No. 2870/2025 vide order dated15.04.2025. The new grounds raised in the present second bail application are that no contraband was recovered from the possession of the applicant and out of 16 prosecution witnesses, 9 prosecution witnesses have already been examined and have turned hostile during trial further considering the fact that three co-accused persons, namely, Gopal Bhoy, Kishan Kashyap @ Krishna Kumar and Mahendra Singh, have already been enlarged on bail by this Court in MCRC Nos. 3139/2026, 2876/2026 and 6189/2026 vide orders dated 02.07.2026, 02.07.2026 and 13.07.2026 respectively, and the case of the present applicant stands on an identical footing of the said co-accused. It is also not in dispute that no criminal antecedent has been reported against the applicant, charge-sheet has already been filed and the applicant is a lady aged about 35 years and is in judicial custody since 11.01.2025. In view of the subsequent developments during trial, particularly the examination of material prosecution witnesses, the grant of bail to similarly situated co-accused persons and considering the period of 5 incarceration undergone by the applicant, without expressing any opinion on the merits of the case, this Court is inclined to extend the benefit of regular bail to the applicant. 8. Accordingly the bail application of the applicant is allowed. 9. Let the Applicant – Madhu Choudhari, involved in Crime No. 18/2025 registered at Police Station- Kotwali, Raigarh, District- Raigarh (C.G.) for the offence punishable under Sections 20(B) and 29 of NDPS Act, 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 6 court shall initiate proceedings against her, 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 her in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- S(Ramesh Sinha) Chief Justice Kunal