1 CGHC010317972026 2026:CGHC:36899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7666 of 2026 Narayan Prasad Sahu S/o Brijlal Sahu Aged About 38 Years Resident Of Ward No. 13, Adbhar Bijli Office, Thana - Malkharoda, District - Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station - Sarangarh, District – Sarangarh-Bilaigarh (C.G.) ---- Non-applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.08.2026 1. The applicant has preferred this Second Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 437/2025, registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. Earlier the first bail application of the applicant was rejected by this Court vide order dated 03.02.2026 passed in MCRC No.1119/2026. 3. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Sarangarh, District – Sarangarh- Bilaigarh (C.G.) through the informant and on the basis of such information, the Police has seized a total of 91.320 Kgs of Ganja from RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the possession of the applicant and the co-accused. Thereafter, the applicant was arrested by the Police and the aforesaid offence has been registered. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that though from the possession of the applicant and the co- accused, a total of 91.320 Kgs of Ganja has been seized, but the co- accused namely Shyam Babu Choudhary has already been enlarged on bail by the Hon’ble Supreme Court vide order dated 27.07.2026 passed in Criminal Appeal No.3437 of 2026 arising out of SLP (Crl) No. 9672/2026. It is submitted that the applicant has no pending criminal antecedents under the NDPS Act. It is further submitted that the applicant is in jail since 28.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 91.320 Kgs of Ganja has been recovered from the possession of the applicant and the co-accused, and it is further submitted that the second bail application of a co- accused namely Ranjit Sahu has also been rejected by this Court vide order dated 06.08.2026 in MCRC No.7190/2026, therefore, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 3 7. After hearing the submissions advanced by learned counsel for the parties as well as considering the fact that the first bail application of the applicant was rejected by this Court vide order dated 03.02.2026 passed in MCRC No.1119/2026, and though the second bail application of a co-accused namely Ranjit Sahu has also been rejected by this Court vide order dated 06.08.2026 in MCRC No.7190/2026, but the same was rejected on the ground that the said co-accused was having criminal antecedents under the NDPS Act, and the applicant has no pending criminal antecedents under the NDPS Act, moreover, though from the possession of the applicant and the co-accused, a total of 91.320 Kgs of Ganja has been seized, but the co-accused namely Shyam Babu Choudhary has already been enlarged on bail by the Hon’ble Supreme Court vide order dated 27.07.2026 passed in Criminal Appeal No.3437 of 2026 arising out of SLP (Crl) No. 9672/2026, and further that the applicant is in jail since 28.08.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Accordingly, this second bail application of the applicant is allowed. 9. Let the applicant – Narayan Prasad Sahu, involved in Crime No. 437/2025, registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 20(B) and 29 of the NDPS Act, 1985, 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 4 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) 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 Rajshekhar