1 CGHC010293452026 2026:CGHC:34749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7137 of 2026 Vikrant Sarkar S/o Kapil Sarkar Aged About 30 Years R/o Naya Raipur, House No. 124, Mana Camp, Block No. 04, Police Thana- Mana, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station Civil Lines, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Prabhat Kumar Saxena, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2026 1. Learned counsel for the applicant, Mr. Amiyakant Tiwari, is stated to be on adjustment. However, since this is the second bail application and Mr. Prabhat Kumar Saxena, who has filed the present bail application, is present before the Court, the Court proceeds to hear the matter. 2. This is the Second bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1004/2024 registered at Police Station- Civil Lines, District- Bilaspur (C.G.), for the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.07 17:43:13 +0530 2 offence punishable under Sections 21, 22, 29 of the Narcotic Drugs and Psychotropic Substance Act. 3. Earlier bail application of the applicant was rejected by this Court on merits vide order dated 06.01.2026 passed in MCRC No. 10541/2025. 4. As per the prosecution case, on 21.10.2024, acting on secret information, the police apprehended co-accused Shrishti Kurrey and recovered one Honda Activa scooter bearing Registration No. CG-10-BQ-1687 along with 150 ampoules of Buprenorphine (Rexogesic) injections, each containing 2 ml, i.e., a total of 300 ml (300 mg). Consequently, an FIR was registered at Police Station Civil Lines, Bilaspur (C.G.) on 22.10.2024 against co-accused Shrishti Kurrey and Godawari Bai, from whose possession the said 150 ampoules of Buprenorphine injections were seized. During the course of investigation, on the basis of the memorandum statement of co-accused Shrishti Kurrey, the name of another co-accused, Vikrant Sarkar, surfaced as the supplier of the contraband. Pursuant thereto, Vikrant Sarkar was arrested on 25.10.2024, and from his possession a commercial quantity of narcotic drugs, namely 22,752 tablets/capsules of Tramadol and 4,000 ampoules of Buprenorphine, were recovered and seized. Thereafter, Police Station Civil Lines, Bilaspur (C.G.) registered Crime No. 1004/2024 against the present applicant and eight other accused persons for the offences punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been languishing in jail since 25.10.2024. It is also submitted that the first bail application of the applicant was rejected on 3 merits. He also submits that co-accused, Naveen Kumar Edwani has been granted bail by the Hon’ble Supreme Court vide order dated 19.01.2026 passed in Criminal Appeal No.332 of 2026 arising out of SLP (Crl.) No.19712 of 2025 and thereafter, co-accused persons Sanjeev Kumar Chhabda, Ravishankar Markam and Brijlal @ Bugala Kurre @ Vishal Kurre have been granted bail by this Court vide orders dated 01.04.2026, 21.04.2026 and 24.04.2026 passed in MCRC Nos.8981 of 2025, 3611/2026 and 3754/2026, respectively. He later submits that the applicant has one criminal antecedents under the NDPS Act, is pending. Further the applicant is in jail since 25.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 6. On the other hand, learned counsel for the State opposes the bail application but could not dispute the fact that co-accused, Naveen Kumar Edwani has been granted bail by the Hon’ble Supreme Court vide order dated 19.01.2026 passed in Criminal Appeal No.332 of 2026 arising out of SLP (Crl.) No.19712 of 2025 and other co-accused persons have already been granted bail by this Court. She further submits that the applicant has one previous criminal antecedent under the NDPS Act which is pending. 7. I Heard learned counsel for the parties and perused the material available on record. 8. After hearing the submissions advanced by the learned counsel for the parties and considering the fact that this is the applicant's second bail application, the first bail application of the applicant was rejected on merits, further considering the fact that co-accused, Naveen Kumar Edwani has been granted bail by the Hon’ble Supreme Court vide order 4 dated 19.01.2026 passed in Criminal Appeal No.332 of 2026 arising out of SLP (Crl.) No.19712 of 2025 and thereafter, co-accused persons Sanjeev Kumar Chhabda, Ravishankar Markam and Brijlal @ Bugala Kurre @ Vishal Kurre have been granted bail by this Court vide orders dated 01.04.2026, 21.04.2026 and 24.04.2026 passed in MCRC Nos.8981 of 2025, 3611/2026 and 3754/2026, respectively, further the applicant has one criminal antecedents under the NDPS Act which is pending, further the applicant is in jail since 25.10.2024, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 9. Accordingly, the second bail application is allowed. Let the applicant - Vikrant Sarkar involved in Crime No. 1004/2024 registered at Police Station- Civil Lines, District- Bilaspur (C.G.), for the offence punishable under Sections 21, 22, 29 of the Narcotic Drugs and Psychotropic Substance Act, be 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. 5 (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. 10. 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