Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 32327 (CHH)

SADIK KHAN @ ROJE v. STATE OF CHHATTISGARH

MCRC/6591/2026 · 2026-08-05

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010279162026 2026:CGHC:34615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6591 of 2026 1 - Sadik Khan @ Roje S/o Maqsood Aged About 22 Years R/o Nalapara, Village Mopka P.S. Sarkanda Tahsil And District- Bilaspur (C.G.)(Wrongly Mention Shadik In Impugned Order) … Applicant(s) versus 1 - State of Chhattisgarh Through SHO PS Singhoda, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dheerendra Pandey, Advocate For Respondent(s)/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 65/2025, registered at Police Station Singhoda, District Mahasamund (Chhattisgarh), for offences punishable under Sections RUCHI YADAV Digitally signed by RUCHI YADAV 2 20(b)(ii) and 29(1) of the NDPS Act, Sections 281, 125(A), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act. 2. Earlier, the first bail application of the applicant was rejected by this Court vide order dated 09.02.2026 passed in MCRC No. 1336 of 2026. 3. The case of the prosecution, in brief, is that on 07.08.2025, the police received information that a Scorpio vehicle bearing registration No. CG- 12-DX-4655 was being driven in a rash and negligent manner and had met with an accident involving a Splendor motorcycle, as a result of which the rider of the motorcycle, namely Digambar Patel, sustained injuries. During the course of inquiry, it was found that an Ertiga vehicle bearing registration No. CG-04-LM-0358 was escorting the said Scorpio vehicle. It is further alleged that nine goats, which had been stolen from Village Melchhamuda, Odisha, and were being transported towards Bilaspur, were recovered from the Scorpio vehicle. During the search of the said vehicle, 30 kilograms of ganja was also recovered and seized. On the basis of the aforesaid allegations, a First Information Report was registered, and the present applicant came to be arrested. 4. 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 material collected during the investigation is not sufficient, even prima facie, to connect the applicant with the commission of the alleged offences. Learned counsel further submits that the co-accused persons have already been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Criminal) No. 3 7105/2026, vide order dated 13.07.2026. It is contended that the case of the present applicant stands on a footing better than that of the co- accused who have been granted bail and, therefore, on the principle of parity, the applicant is also entitled to be released on bail. It is also submitted that the applicant has been in judicial custody since 07.08.2025. The investigation has been completed and the charge- sheet has already been filed. The applicant has no criminal antecedents, and out of the 16 prosecution witnesses, only one witness has been examined so far. Therefore, the conclusion of the trial is likely to take considerable time. It is thus prayed that the applicant be enlarged on regular bail. 5. Per contra, learned State counsel opposes the bail application and submits that although the charge-sheet has been filed, considering the nature and gravity of the allegations, the quantity of contraband seized, and the material collected during the investigation, no case for grant of bail is made out. It is, therefore, prayed that the bail application be rejected. 6. I have heard learned counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, particularly the fact that the investigation has been completed and the charge-sheet has already been filed, the applicant is in judicial custody since 07.08.2025, he has no criminal antecedents, only one out of sixteen prosecution witnesses has been examined and, therefore, the conclusion of the trial is likely to take considerable time. Further, the co- accused persons have already been enlarged on bail by the Hon'ble 4 Supreme Court and the applicant has claimed parity with them. In view of the aforesaid facts and circumstances, this Court is of the considered opinion that the applicant deserves to be enlarged on regular bail. 8. Accordingly, the bail application is allowed. Let the Applicant – Sadik Khan @ Roje involved in Crime No.- 65/2025, registered at Police Station Singhoda, District Mahasamund (Chhattisgarh), for offences punishable under Sections 20(b)(ii) and 29(1) of the NDPS Act, Sections 281, 125(A), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms 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 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 5 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Ruchi