1 CGHC010316792026 2026:CGHC:36327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7541 of 2026 Puniram Patel Alias Raj S/o Bhagat Ram Patel Aged About 42 Years R/o Village Maldi, Ward No.6, Police Station - Bilaigarh, District Sarangarh Bilaigarh, Temporary R/o Shivrinarayan Kharoud Road, Police Station Shivrinarayan, District Janjgir-Champa Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Baramkela, District Sarangarh-Bilaigarh Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Mr. Ravi Kumar Bhagat, Advocate. For Non-applicant/State :Mr. Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.08.2026 1. The Applicant has preferred this 2nd Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.14 18:56:59 +0530 2 for grant of regular bail, as he has been arrested in connection with Crime No.05/2026 registered at Police Station Baremkela, District Sarangarh-Bilaigarh (C.G.), for the offence under Section 20(B) of NDPS Act. The first bail application was dismissed on merits vide order dated 07.08.2026 passed in M.Cr.C. No.7225/2026. 2. As per the prosecution story, in brief, on 15.01.2026, the Station House Officer, Police Station Barmkela, District Sarangarh-Bilaigarh, along with police staff, proceeded towards village Chatipali for patrolling and vehicle checking. During vehicle checking near Chatipali Chowk, a suspicious grey-coloured Maruti Swift VXI car bearing registration No. CG-04LL-3040 was intercepted. When the driver was signalled to lower the window for questioning, he allegedly became apprehensive and fled in the said vehicle at a high speed and in a rash and dangerous manner. The police chased the vehicle and intercepted it near a culvert on the main road beyond Gomarda Forest Range, Kohni-Nevan Mode. On being questioned, the driver disclosed his identity as the present Applicant and allegedly stated that he was transporting illicit ganja in the said vehicle. Upon search of the vehicle, 70 packets containing a total of 72 kilograms 130 grams of ganja were allegedly recovered from inside the 3 vehicle. 3. Learned Counsel for the Applicant submits that without entering into the merits of the case, the present application i.e. I.A. No.01/2026 has been filed seeking grant of interim bail. It is submitted that the Applicant's father namely Bhagat Ram Patel has expired on 09.08.2026. It is further submitted that the Dashgatra ceremony is scheduled to be performed on 18.08.2026, followed by other customary rituals up to 21.08.2026. It is also submitted that the Applicant is the elder son of the deceased and his presence is necessary for performing the rituals as well as for making necessary arrangements. Copy of the death certificate issued by the Registrar (Birth & Death), Gram Panchayat Maldi and the certificate issued by the Sarpanch, Gram Panchayat Maldi, certifying the death of Shri Bhagat Ram Patel, father of the Applicant, on 09.08.2026 and the condolence (Shok Patra) have been filed along with the application. 4. Per contra, learned State Counsel opposes the prayer for grant of regular bail. However, insofar as I.A. No.01/2026 is concerned, he does not oppose the prayer for grant of temporary bail, particularly in view of the documents placed on record, which have been duly verified by the State. 4 5. Having considered the totality of the facts and circumstances of the case, particularly the fact that this is the second bail application, the first bail application having already been rejected on merits, the contraband allegedly seized was above the commercial quantity and the present application has been moved on the ground that the Applicant's father namely Bhagat Ram Patel expired on 09.08.2026 and the Applicant seeks permission to attend the Dashgatra ceremony and other rituals of his deceased father, this Court is not inclined to grant regular bail to the Applicant. Accordingly, the application for regular bail is hereby rejected. However, in the interest of justice, this Court deems it appropriate to permit the Applicant to attend the said ceremony under police custody rather than granting temporary bail. Accordingly, it is directed that:- (i) The Applicant, namely Puniram Patel alias Raj, who has been arrested in connection with Crime No. No.05/2026 registered at Police Station Baremkela, District Sarangarh-Bilaigarh (C.G.), for the offence under Section 20(B) of NDPS Act, shall be taken under police custody to his native village on 18.08.2026 for the purpose of attending the Dashgatra ceremony of his deceased father. (ii) The Superintendent of Police, District Sarangarh- Bilaigarh, as well as the Superintendent of the concerned Jail, shall ensure that the Applicant is taken under proper police custody for attending the aforesaid ceremony. Before taking the Applicant from the jail, the Superintendent of Police, District 5 Sarangarh-Bilaigarh, shall verify the genuineness of the condolence (Shok Patra) and the documents placed on record. (iii) The counsel and/or family members of the Applicant shall furnish the original or authenticated copies of the death intimation, the certificate issued by the Sarpanch, the condolence (Shok Patra) and other relevant documents to the Superintendent of Police, District Sarangarh-Bilaigarh, and the Superintendent of the concerned Jail sufficiently in advance so that necessary verification and arrangements may be made. (iv) The Applicant shall remain under constant police custody during the entire period he remains outside the jail for the aforesaid purpose. (v) Immediately upon completion of the purpose for which the Applicant is being taken out of the jail, the Applicant shall be produced before the concerned Magistrate by 11:00 A.M. on 19.08.2026, who shall pass appropriate orders for sending him back to the concerned jail where he is presently lodged, without any delay. 6. The Registrar (Judicial) is directed to communicate a copy of this order forthwith to the concerned trial Court, the Superintendent of the concerned Jail and the Superintendent of Police, District Sarangarh-Bilaigarh, for necessary information and compliance. 7. With the aforesaid directions, I.A. No.01/2026 stands disposed of. Sd/- (Ramesh Sinha) Chief Justice Priya