1 CGHC010309972026 2026:CGHC:37418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7748 of 2026 1 - Prem Prakash Patel S/o Late Narad Prasad Patel, Aged About 43 Years R/o Parasdiha, P / S - Basantpur, Distt. - Balrampur - Ramanujganj (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station - Lundra, Distt. - Surguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rahul Mishra, Advocate For Respondent(s)/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2026 1. This is the second 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. 260/2024 registered at Police Station Lundra, District Surguja (Chhattisgarh), for the offence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). RUCHI YADAV Digitally signed by RUCHI YADAV 2 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 19.02.2026 passed in MCRC No. 1693 of 2026. 3. The prosecution case, in brief, is that on 15.11.2024, the Police received secret information from an informant regarding the transportation and dealing of contraband. Acting upon the said information, the Police proceeded to the spot and found a Creta car bearing registration No. CG-13-AG-0995, in which co-accused Md. Sadam and Naresh Yadav were travelling, coming from the direction of Pathalgaon. Another vehicle, a Maruti Swift bearing registration No. CG-14-MS-0241, in which co-accused Sanjay Patel and the present applicant were allegedly travelling, was also found near Village Silsila. It is alleged that both vehicles were involved in the transportation and dealing of contraband. During the course of search, the Police allegedly seized 20 kg of contraband from the Maruti Swift car and 17.360 kg of ganja from the Creta car, allegedly belonging to co- accused Sanjay Patel and Md. Sadam, respectively. Thereafter, an offence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was registered against the present applicant and other accused persons, and investigation was taken up. 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 no contraband was seized from the possession of the present applicant, nor is there any allegation of his involvement in the manufacture, purchase, sale, import, export or use of any psychotropic substance. Learned counsel further submits that similarly situated co- accused, namely Naresh Yadav, has been granted bail by the Hon'ble 3 Supreme Court in SLP (Crl.) No(s). 3856/2026 vide order dated 18.05.2026. Another co-accused, namely Md. Saddam, has been granted bail by this Court in M.Cr.C. No. 5806/2026 vide order dated 23.07.2026. Co-accused Sanjay Patel has also been granted bail by this Court in M.Cr.C. No. 7033/2026 vide order dated 04.08.2026. Learned counsel submits that the applicant has been implicated in the present case primarily on the basis of the memorandum statement of the co-accused and no contraband has been recovered from his possession. It is further submitted that the charge-sheet has already been filed and, therefore, custodial interrogation of the applicant is no longer required. The applicant has no criminal antecedents and has been in judicial custody since 16.11.2024. Learned counsel further submits that the applicant has remained in custody for a considerable period and, considering the stage of the proceedings, the trial is likely to take considerable time to conclude. On these grounds, learned counsel prays that the applicant be enlarged on regular bail. 5. Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature. However, it is fairly submitted that co-accused Naresh Yadav has been granted bail by the Hon’ble Supreme Court and the other co-accused have also been granted bail by this Court. It is further submitted that the applicant has no criminal antecedents. 6. I have heard learned counsel appearing for the parties and perused the material available on record. 7. Considering the fact that no contraband was recovered from the possession of the applicant, his implication is primarily based on the 4 memorandum statement of the co-accused, the charge-sheet has already been filed and the applicant has no criminal antecedents. It is also relevant that the similarly situated co-accused, namely Naresh Yadav, Md. Saddam and Sanjay Patel, have already been granted bail by the Hon’ble Supreme Court and this Court. The applicant has been in custody since 16.11.2024 and the trial is likely to take considerable time to conclude. Without commenting upon the merits of the case, this Court is of the considered view that the applicant is entitled to be released on bail. 8. Accordingly, the application is allowed. Let the Applicant – Prem Prakash Patel involved in Crime No. 260/2024 registered at Police Station Lundra, District Surguja (Chhattisgarh), for the offence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS 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 5 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 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