1 CGHC010316902026 2026:CGHC:36351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7562 of 2026 1 - Chandra Kuldeep S/o Krushna Chandra Kuldeep, Aged About 30 Years R/o Kundariguda, Ps - Jaypur Nihla, Koraput, Distt. - Koraput (Orissa) ... Applicant(s) versus 1 - State Of Chhattisgarh Through S H O, Police Station - Borai, Distt. - Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vaibhav A. Goverdhan, Advocate For Respondent(s)/State : Ms. Monika Singh Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 05/2026 registered at Police Station Borai, District Dhamtari (Chhattisgarh), for the offences punishable under RUCHI YADAV Digitally signed by RUCHI YADAV 2 Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. As per the prosecution story, on 04.02.2026 at about 01:00 p.m., during checking conducted by Inspector Narendra Kumar Singh and his staff pursuant to the instructions of senior officers, a bus of Naresh Travels was intercepted near the barrier post in front of Police Station Borai. During the search, the applicant/accused Rekha Rani and co-accused Komal Chaudhary were allegedly found carrying ganja in three suitcases. A total of 35.783 kg of ganja was seized from their possession. After completing the necessary proceedings, Crime No. 05/2026 was registered at Police Station Borai for the offences punishable under Sections 20(b) and 29 of the NDPS Act. After completion of investigation, the charge-sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that no contraband was seized from the applicant and he has been implicated merely on the basis of the memorandum statement of the co-accused. It is further submitted that there is no CDR or other material showing any communication between the applicant and the co-accused. The applicant has no criminal antecedents, has been in custody since 06.02.2026, and the charge-sheet has already been filed. It is also submitted that the co-accused persons, namely Rekha Rani and Komal Choudhary, have already been granted bail by this Court vide orders dated 10.08.2026 in MCRC No. 7283/2026 and 13.08.2026 in MCRC No. 7464/2026, respectively. Therefore, the applicant is entitled to bail on the ground of parity. It is further submitted 3 that the trial is likely to take considerable time to conclude. Accordingly, it is prayed that the applicant may kindly be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that although the charge-sheet has been filed and the applicant has no criminal antecedents, the quantity of contraband seized is above the commercial quantity. Considering the bar under Section 37 of the NDPS Act and the material available on record, the applicant does not deserve to be enlarged on bail. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the entire facts and circumstances of the case, the material available on record, and the fact that the co-accused persons, namely Rekha Rani and Komal Choudhary, have already been granted bail by this Court vide orders dated 10.08.2026 and 13.08.2026, respectively, the applicant is entitled to the benefit of parity. Considering the period of custody undergone by the applicant since 06.02.2026, the fact that the applicant has no criminal antecedents, the investigation has been completed and the charge-sheet has already been filed, and further, that the trial is likely to take considerable time to conclude, without commenting on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application is allowed. Let the Applicant – Chandra Kuldeep involved in Crime No. 05/2026 registered at Police Station Borai, District Dhamtari (Chhattisgarh), for the offences punishable under Sections 20(b) and 29 of the Narcotic Drugs and 4 Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two local 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) 5 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. 8. 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. 9. 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