1 CGHC010311952026 2026:CGHC:36798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7518 of 2026 Rishikesh Gupta @ Raja S/o Raju Gupta Aged About 24 Years R/o Ward No. 06, Ramanujganj, P.S. Ramanujganj, Distt- Balrampur- Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Ramanujganj, Distt- Balrampur- Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Jai Prakash Shukla, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2026 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 60/2025, registered at Police Station – Ramanujganj, District - Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act'). 2. The prosecution case, in brief, is that on 25.04.2025, upon receiving secret information that two persons were carrying a large quantity of intoxicant injections, the police of Police Station Ramanujganj entered the information in the Rojnamcha Sanha and, after complying with the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.19 12:13:08 +0530 2 requisite formalities, proceeded to Kanhar Barrier Police Check Post, Ramanujganj. After some time, two persons were seen approaching on a motorcycle and were intercepted by the police. Upon being questioned, they disclosed their names as Rishikesh Gupta and a juvenile in conflict with law. Upon search of the motorcycle, 25 injections of Buprenorphine Injection IP 0.3 mg/ml, each of 2 ml, and 22 injections of Pheniramine Maleate Injection IP (Avil), each of 10 ml, were allegedly recovered from the possession of the present applicant. Further, 20 injections of Buprenorphine Injection IP 0.3 mg/ml and 22 injections of Pheniramine Maleate Injection IP (Avil), each of 10 ml, were allegedly recovered from the possession of the juvenile in conflict with law. Accordingly, upon finding the involvement of the present applicant in the alleged offence, he was arrested. After completion of the investigation, a charge-sheet for the offence punishable under Section 21(c) of the NDPS Act was submitted before the learned trial Court. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the earlier bail application of another co-accused namely Sujeet Kumar @ Kanchan was rejected by this Court vide order dated 18.11.2025 on merits, against which he preferred a regular bail application before the Hon'ble Apex Court as SLP (Cr.) No. 6529/2026, and the Hon'ble Apex Court granted bail to him vide order dated 08.05.2026 on the ground that there is no incriminating recovery from him and other co-accused, namely, Golu Gupta has already been granted bail by this Court vide order dated 20.07.2026 passed in MCRC No. 6445/2026. He also submits that the applicant has no previous criminal antecedents and he is in jail since 25.04.2025, the charge-sheet has been filed and the trial is likely to take 3 some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. However, he could not dispute the fact that one of the co-accused person has been granted bail by the Hon'ble Supreme Court and other co-accused has been granted bail by this Court that the case of the present applicant is identical to that of the said co-accused persons. 5. I Heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case and the fact that the earlier bail application of another co-accused namely Sujeet Kumar @ Kanchan was rejected by this Court vide order dated 18.11.2025 on merits, against which he preferred a regular bail application before the Hon'ble Apex Court as SLP (Cr.) No. 6529/2026, and the Hon'ble Apex Court granted bail to him vide order dated 08.05.2026 on the ground that there is no incriminating recovery from him and other co-accused, namely, Golu Gupta has already been granted bail by this Court vide order dated 20.07.2026 passed in MCRC No. 6445/2026, further the applicant has no previous criminal antecedents and he is in jail since 25.04.2025, this Court is of the view that the applicant is also entitled to be released on bail on the ground of parity. 7. Accordingly, the second bail application is allowed. Let the applicant - Rishikesh Gupta @ Raja involved in Crime No. 60/2025, registered at Police Station – Ramanujganj, District - Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act'), be 4 released on bail on his furnishing a 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 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 5 in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-- (Ramesh Sinha) Chief Justice Preeti