1 CGHC010291722026 2026:CGHC:34534 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7196 of 2026 Aakib Khan S/o Salim Khan Aged About 26 Years R/o Palsapara, Sindhi Colony P.S. City Kotwali, District- Durg, (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O+cer, Police Station Fingeshwar, District- Gariyabandh (C.G.) ... Non-Applicant For Applicant : Mr. Bennoon, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. This is the second bail application 3led under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 334/2025 registered at Police Station - Fingeshwar, District- Gariyabandh (C.G.), for the o9ence punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The earlier bail application of the applicant being MCRC No. 168 of 2026 was rejected by this Court vide order dated 09.01.2026 on the ground that he has two previous criminal antecedents of the similar nature which is pending. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. Case of the prosecution, in brief is that on 14.11.2025, on the basis of secret information received by a police personnel of Police Station Fingeshwar, it was alleged that the co-accused, namely Kishan Nishad and Chaman Sahu, were transporting ganja in a car bearing registration No. CG-04-B-0831. Acting upon the said information, the police intercepted the vehicle and seized 18.550 kg of ganja from their possession. During the course of investigation, the memorandum statements of the co-accused were recorded, wherein they stated that the seized ganja had been brought from Odisha for the present applicant. On the basis of the said memorandum statements, the present applicant was arrested on 23.11.2025. 4. Learned counsel for the applicant submits that this is the second application for grant of bail. The 3rst bail application was dismissed on merits vide order dated 09.01.2026 primarily on the ground that the applicant had two criminal antecedents of a similar nature. It is submitted that, even in the present case as well as in the alleged previous case, no contraband substance was recovered or seized from the possession of the applicant. The entire prosecution case against the applicant rests solely on the memorandum statements of the co-accused persons, from whose possession the said contraband was allegedly recovered. It is contended that the co- accused Chhaman Sahu and Kishan Nishad, from whose possession the contraband was actually seized, have already been enlarged on bail by this Hon’ble Court vide orders dated 04.05.2026 and 23.06.2026 passed in M.Cr.C. Nos. 1080/2026 and 5484/2026 3 respectively, and, therefore, the present applicant stands on a better footing than the said co-accused. He also submits that the applicant is in jail since 22.11.2025, the charge-sheet has been 3led before the competent Court and conclusion of the trial may take some time, therefore, he prays for grant of second regular bail to the present applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the nature and gravity of the allegations, the material collected during investigation, and the fact that though the co- accused persons, from whose possession the contraband was seized, have been granted bail by this Court, on the ground that they have no criminal antecedents of the similar nature, the case of the present applicant stands on a di9erent footing. The record reveals that, unlike the said co-accused, the present applicant has two criminal antecedents of a similar nature, which is still pending consideration before the competent Court. Thus, the plea of parity is not available to the applicant, and further it appears that no new ground has been raised in this second bail application. Hence, this second bail application of the present applicant is rejected. 8. Accordingly, the second bail application of the applicant – Aakib Khan, involved in Crime No. 334/2025 registered at Police Station - Fingeshwar, District- Gariyabandh (C.G.), for the o9ence 4 punishable under Section 20(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. O+ce is directed to send a certi3ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan