1 CGHC010280842026 2026:CGHC:37638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6595 of 2026 Bigan Ansari S/o Bhola Miyan Aged About 25 Years Resident Of Chatur Baghaan Police Station Yadopur Babuvishunpur, District- Gopalganj (Bihar) --- Applicant(s) versus State Of Chhattisgarh Through- Station House O2cer, Police Station- Chhawani, District-Durg (C.G.) --- Non-applicant(s) For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-applicants/State : Mr. Sourabh Sahu, Panel Lawyer. MCRC No. 6684 of 2026 Deepak Kumar Singh S/o Pradeep Singh Aged About 21 Years R/o Chatur Baghaan, Police Station- Yadopur, Babuvishunpur, District- Gopalganj (Bihar) ---Applicant(s) Versus State Of Chhattisgarh Through Station House O2cer, Police Station- Chhawani, District- Durg (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-applicants/State : Mr. Sourabh Sahu, Panel Lawyer. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2026 1. Since the aforesaid bail applications arise out of the same Crime No. 310/2024, registered at Police Station Chhawani, District Durg (C.G.), involving the same incident and o;ences, they are being heard analogously and are being decided by this common order. 2. The applicant Bigan Ansari has preferred his fourth bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeking grant of regular bail, as he has been arrested in connection with Crime No. 310/2024, registered at Police Station Chhawani, District Durg (C.G.), for the o;ence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”). 3. The applicant Deepak Kumar Singh has preferred his third bail application under Section 483 of the BNSS seeking grant of regular bail in connection with the aforesaid Crime No. 310/2024, registered for the o;ence punishable under Section 20(c) of the NDPS Act. 4. It is pertinent to mention here that the @rst and second bail applications preferred by the applicant Bigan Ansari were rejected by this Court on merits. Thereafter, his third bail application was dismissed as withdrawn by this Court. Hence, the present fourth bail application. 5. Likewise, the @rst and second bail applications preferred by the 3 applicant Deepak Kumar Singh have already been rejected by this Court on merits. Hence, the present third bail application. 6. Brief facts of the case are that on 10.07.2024, Varun Devta, Sub- Inspector of Police Station Chhawani, District Durg (C.G.), received a secret information from an informant that three persons were carrying illicit contraband, i.e., Ganja, in their bags and were proceeding from Power House, Bhilai towards Raipur. Acting upon the said information, the police party proceeded to the spot, namely, near Honda Showroom, Service Road and after barricading the area, intercepted the accused persons including present applicants. Upon conducting a search of their respective bags, the police allegedly seized 16.900 kg of Ganja from the possession of co-accused Ajit Kumar, 12 kg of Ganja from the possession of applicant Deepak Kumar Singh and 12 kg of Ganja from the possession of applicant Bigan Ansari, thus, a total of 40.900 kg of Ganja was allegedly recovered and seized from the possession of all the accused persons. Thereafter, an FIR was registered as Crime No. 310/2024 at Police Station Chhawani, District Durg (C.G.), for the o;ence punishable under Section 20(c) of the NDPS Act against the accused persons. 7. Learned counsel for the applicants submits that the @rst and second bail applications preferred by applicant Bigan Ansari were rejected by this Court on merits and thereafter, his third bail application was dismissed as withdrawn. Likewise, the @rst and second bail applications preferred by applicant Deepak Kumar Singh have already been rejected by this Court on merits. He further submits 4 that the subsequent development and the new ground for preferring the present bail applications is that the co-accused Ajit Kumar, whose bail application was earlier rejected by this Court in MCRC No. 1662/2025 vide order dated 07.03.2025, thereafter, he preferred SLP (Crl.) No. 9901/2025 before the Hon'ble Supreme Court and has been enlarged on bail vide order dated 27.05.2026. He submits that, as per the prosecution case, 16.900 kg of Ganja was seized from the possession of co-accused Ajit Kumar, whereas 12 kg of Ganja each was allegedly seized from the possession of applicants Bigan Ansari and Deepak Kumar Singh and, therefore, the applicants are entitled to seek parity with the said co-accused. He further submits that out of total 14 prosecution witnesses, only 3 witnesses have been examined so far and, therefore, the trial is likely to take considerable time for its conclusion. It is also submitted that both the applicants have no criminal antecedents. Hence, on the ground of parity with the co- accused Ajit Kumar and considering the slow progress of the trial, he prays for grant of regular bail to the applicants. 8. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that, if the quantity of contraband allegedly seized from all the accused persons is considered collectively, a total of 40.900 kg of Ganja has been seized, which is above the commercial quantity. However, he does not dispute the fact that the co-accused Ajit Kumar has already been enlarged on bail by the Hon'ble Supreme Court and fairly submits that the applicants have no criminal antecedents. 5 9. I have heard learned counsel appearing for the parties and perused the case diary. 10. Taking into consideration the facts and circumstances of the case, nature of allegations, the fact that the @rst and second bail applications of applicant Bigan Ansari have already been rejected by this Court on merits and his third bail application was subsequently dismissed as withdrawn, whereas the @rst and second bail applications of applicant Deepak Kumar Singh have also been rejected by this Court on merits and further considering the subsequent development and new ground for @ling the present bail applications that co-accused Ajit Kumar, whose bail application was earlier rejected by this Court, has subsequently been enlarged on bail by the Hon'ble Supreme Court vide order dated 27.05.2026 passed in SLP (Crl.) No. 9901/2025, the fact that 12 kg of Ganja was allegedly seized from the possession of each of the present applicants, whereas 16.900 kg of Ganja was allegedly seized from the possession of the said co-accused Ajit Kumar, the fact that both the applicants have no criminal antecedents and further considering that out of 14 prosecution witnesses, only 3 witnesses have been examined so far and therefore, the trial is likely to take some further time for its conclusion, thus without commenting anything on the merits of the case, this Court is of the opinion that the present is a @t case to enlarge the applicants on regular bail. 11. Accordingly, the bail applications of the applicants are allowed. 12. Let Applicants- Bigan Ansari and Deepak Kumar Singh involved in Crime No. 310/2024, registered at Police Station 6 Chhawani, District Durg (C.G.), for the o;ence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”), be released on bail on their 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 @le an undertaking to the e;ect that they shall not seek any adjournment on the dates @xed 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 @xed, either personally or through their counsel. In case of their absence, without su2cient 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 @xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 7 (iv) The applicants shall remain present, in person, before the trial court on the dates @xed 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 su2cient 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. 13. O2ce is directed to send a certi@ed copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal